Error and/or relief
When resentencing defendant under section 1172.75, the court reimposed the $400 restitution fine and a $400 suspended parole revocation fine originally imposed in 1999. The restitution fine must be vacated.
Holding:
Since the court originally imposed the restitution fine more than 10 years ago, section 1465.9(d) makes it now uncollectible and legally unenforceable.
Authority:
PEN 1465.9(d)
People v. Salstrom (2025) 117 Cal.App.5th 596, 600-601 [resentencing does not restart 10-year clock], review granted Mar. 11, 2026, S29503 on a different issue