Error and/or relief
The restitution fine must be vacated because it was originally imposed more than 10 years ago. The court must calculate the actual time the defendant has already served and credit that against the subsequent sentence.
First Holding:
Restitution fines are uncollectible after 10 years.
Authority:
PEN 1465.9
Second Holding:
The court must recalculate credit for time served on resentencing.
Authority:
People v. Buckhalter (2001) 26 Cal.4th 20, 23