Error and/or relief
The denial of resentencing beyond striking the now invalid prior prison term enhancements is affirmed. As the defendant’s restitution fine is more than 10 years old, it must be vacated.
Holding:
Section 1465.9(d), effective in January 2025, mandates vacating a restitution fine after 10 years. 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.
A resentencing hearing under section 1172.75 does not restart section 1465.9’s 10-year clock. Because defendant’s restitution fine was imposed more than 10 years ago, any balance is unenforceable and uncollectible by operation of law, and the fine must be vacated. Accordingly, we shall modify the judgment to vacate the restitution fine imposed under section 1204.4(b). The identical $10,000 parole revocation restitution fine (sec. 1202.45) remains imposed but suspended unless parole is revoked.
Authority:
PEN 1465.9(d)
People v. Salstrom (2025) 117 Cal.App.5th 596, 600, rev. granted on other grounds Mar. 11, 2026, S295038, briefing deferred
People v. Kopp (2025) 19 Cal.5th 1, 17 [vacating balance of restitution fine under sec. 1465.9]