Error and/or relief
On resentencing the defendant under section 1172.75, the court should have stricken the restitution fine, as it was more than 10 years old.
Holding:
Effective January 1, 2025, AB 1186 amended section 1465.9 to add subdivision (d), providing that any portion of a restitution fine under section 1465.9 not paid within 10 years must be vacated. Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.
Authority:
PEN 1465.9(d)
In re Mattison (2025) 115 Cal.App.5th 1062, 1066