Error and/or relief
It was error for the court to reimpose a restitution fine that was more than 10 years old at the time of the resentencing under section 1172.75.
Holding:
Section 1465.9(d) mandates vacating restitution fines imposed under section 1202.4 after 10 years. Because the defendant’s fine was imposed more than 10 years ago, any balance is unenforceable and uncollectible by operation of law, and the fine must be vacated.
Authority:
PEN 465.9(d)
People v. Salstrom (2025) 117 Cal.App.5th 596, 599-601 [Section 1172.75 resentencing does not restart section 1465.9’s 10-year clock], review granted on unrelated grounds Mar. 11, 2026, S295038]