Does a court's failure to give reasons for not imposing a restitution fine amount to an unauthorized sentence?

California, United States of America


The following excerpt is from People v. G.C. (In re G.C.), 258 Cal.Rptr.3d 595, 458 P.3d 70, 8 Cal.5th 1119 (Cal. 2020):

People v. Tillman (2000) 22 Cal.4th 300, 303, 92 Cal.Rptr.2d 741, 992 P.2d 1109 [failure to give reasons for not imposing a restitution fine did not amount to an unauthorized sentence]; In re Travis J. (2013) 222 Cal.App.4th 187, 201, 165 Cal.Rptr.3d 635 [same regarding error in calculating maximum term of confinement].)11 As in Neal , the Alameda court had discretion to designate the offenses in petitions A and B as felonies or misdemeanors. Its failure to make an express declaration to that effect was a forfeitable legal error.

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