Can a defendant appeal against a finding that the Court improperly imposed fines and fees without determining whether he had the ability to pay them?

California, United States of America


The following excerpt is from People v. Smith, F075272 (Cal. App. 2020):

Defendant contends the court improperly imposed these fines and fees without determining whether he had the ability to pay those amounts in violation of his due process rights, and the matter must be remanded for the court to conduct a hearing on his ability to pay. Defendant's due process argument is based on People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas), which was decided after his sentencing hearing and while this appeal was pending. (2d Supp. AOB 7-8) Dueas held that "due process of law requires the trial court to conduct an ability to pay hearing and ascertain a defendant's present ability to pay" before it imposes any fines or fees. (Id. at pp. 1164, 1167.)

We disagree and find the matter need not be remanded on this issue.

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