Error and/or relief:
On resentencing more than 10 years after conviction, the court must strike the unpaid balance of the $10,000 restitution fine, and it must recalculate the defendant’s credit for time served.
First Holding:
Restitution fines are uncollectible after 10 years.
Authority:
PEN 1465.9(d) [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.]
Second Holding:
The court must recalculate credit for time served on resentencing.
Authority:
People v. Buckhalter (2001) 26 Cal.4th 20, 29, 37