Tag Archives: Fines and fees

Eighth Amendment, Equal protection, Fines and fees, Sentencing

Case 000763

Posted on by Gary McCurdy

Error and/or relief

The court erred in declining to determine the defendant’s ability to pay fines and fees. Its stated basis was the probation office’s strong stance on rejecting the plea, based on the victim. After sentencing, the Supreme Court issued its decision in Kopp.

First Holding:

A defendant may challenge the imposition of a punitive fine under the United States and California Constitutions’ excessive fines provisions. The California Supreme Court The court used the “fine” term to refer to penalties provided by the Legislature to punish a criminal offense and included restitution fines and parole revocation restitution fines within that category. Because its decision was issued after the defendant was sentenced, the defendant should be given the opportunity to develop an excessive fines argument in the first instance on remand.

Authority:

People v. Kopp (2025) 19 Cal.5th 1, 23, 30-31

Eighth Amendment to the United States Constitution [Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted]

Article I, section 17 of the California Constitution [Cruel or unusual punishment may not be inflicted or excessive fines imposed.]

Second Holding:

Because the trial court failed to consider the defendant’s ability to pay the the court operations and court facilities assessments despite his request, we must remand for such consideration. Because there is no rational basis for distinguishing criminal defendants from indigent civil litigants—who are afforded waivers for similar assessments—equal protection principles require the trial court to consider a defendant’s inability to pay before imposing these ancillary costs.

Authority:

People v. Kopp (2025) 19 Cal.5th 1, 14-15, 24-31

Fines and fees, Juveniles, Retroactivity, Sentencing

Case 000755

Posted on by Gary McCurdy

Error and/or relief

Because of a change in the law while the minor’s case has been pending, the restitution fine ordered by the court must be stricken.

First Holding:

Here, the juvenile court imposed a restitution fine as a condition of probation. At the time of the minor’s disposition, the restitution fine was mandatory. Effective January 1, 2025, however, the Legislature passed AB 1186 which amended Welfare and Instituitons Code section 730.6 to prohibit a court from imposing a separate and additional restitution fine against a minor found to be a person described in Section 602.

Authority:

WIC 730.6(a)(2)

Second Holding:

An adult or juvenile offender is generally entitled to benefit from amendments that become effective while their case is on appeal and not yet final.

Authority:

People v. Vieira (2005) 35 Cal.4th 264, 305 [applying a revised version of the statute in setting a restitution fine]

In re N.D. (2008) 167 Cal.App.4th 885, 891 [rule of retroactivity applies to juvenile delinquency judgments]

In re Estrada (1965) 63 Cal.2d 740, 748 [Where the amendatory statute mitigates punishment and there is no saving clause, the rule is that the amendment will operate retroactively so that the lighter punishment is imposed.

Third Holding:

Because imposing a restitution fine constitutes “punishment” and the minor’s case was not yet final when section 730.6 became effective, we conclude section 730.6 operates retroactively and precludes imposition of a restitution fine. Therefore, the restitution fine should be stricken.

Authority:

People v. Allen (2019) 41 Cal.App.5th 312, 321

Abstracts and Minutes, Fines and fees

Case 000751

Posted on by Gary McCurdy

Error and/or relief

The trial court having resentenced the defendant under section 1172.75, the matter is remanded for the trial court to determine the credit for time served and for correction of the abstract of judgment.

First Holding:

When a trial court resentences a defendant on remand, it must credit him with all actual days he spent in custody up to that time, including his time in custody after the original sentencing. Thus, the matter should be remanded for defendant’s custody credits to be recalculated, and the abstract of judgment should be amended accordingly.

Authority:

People v. Buckhalter (2001) 26 Cal.4th 20, 37 [the trial court, having modified defendant’s sentence on remand, was obliged, in its new abstract of judgment, to credit him with all actual days he had spent in custody]

Second Holding:

The section 1202.4(b) restitution fine in the amount of $800 listed on the abstract of judgment filed after the resentencing hearing should be stricken, since the court granted his request to strike all fees and fines, except for direct victim restitution.

(Gary note: The court cited no authority for its order to correct the abstract of judgment. I have listed some of the cases the court could have cited.)

Authority:

People v. Mitchell (2001) 26 Cal.4th 181, 185

People v. Delgado (2008) 43 Cal.4th 1059, 1070

People v. Leon (2020) 8 Cal.5th 831, 855

In re Black (1967) 66 Cal.2d 881, 890

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2

Fines and fees, Sentencing

Case 000742

Posted on by Gary McCurdy

Error and/or relief

The crime that the defendant pleaded guilty to is not one to which Health and Safety Code section 11372.5 applies to, so the $50 fee must be stricken.

First Holding:

Health and Safety Code section 11372.5(a) states that every person who is convicted of enumerated offenses must pay a criminal laboratory analysis fee of $50 for each separate offense. The fee only applies to the offenses listed or enumerated in section 11372.5(a).

Authority:

HSC 11372.5

People v. Myles (2016) 6 Cal.App.5th 1158, 1160

Second Holding:

Defendant pleaded no contest to an offense not listed in section 11372.5(a). Thus the trial court could not legally impose the $50 criminal laboratory analysis fee as a probation condition and the fee is, therefore, unauthorized. We therefore strike the fee.

Authority:

People v. Myles (2016) 6 Cal.App.5th 1158, 1160

People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6 [claim that a sentence is unauthorized may be raised for the first time on appeal and corrected whenever error comes to the attention of the reviewing court]

People v. Soto (2016) 245 Cal.App.4th 1219, 1231-1233 [striking unauthorized fee on appeal]

Abstracts and Minutes, Fines and fees

Case 000739

Posted on by Gary McCurdy

Error and/or relief

At the resentencing hearing, the trial court imposed a $300 restitution fine under section 1202.4, but because defendant is serving terms of LWOP, the court did not impose a parole revocation restitution fine under section 1202.45. The minute order and abstract of judgment, however, reflect a parole revocation restitution fine was imposed and suspended. They must be corrected.

Holding:

Where there is a discrepancy between the oral pronouncement of judgment and the abstract of judgment, the oral pronouncement controls, and we may correct a clerical error in recording the judgment at any time. Consequently, we will direct the trial court to correct the minute order and abstract of judgment to omit reference to imposition of a parole revocation restitution fine under section 1202.45.

Authority:

People v. Zackery (2007) 147 Cal.App.4th 380, 385

People v. Mitchell (2001) 26 Cal.4th 181, 185