Is a restitution fine for violating the Eighth Amendment excessive fines clause invalid?
California, United States of America
The following excerpt is from People v. Roberson, C087680 (Cal. App. 2020):
Defendant argues the restitution fine should be vacated for violating the Eighth Amendment's excessive fines clause because there is no evidence he has the ability to pay the fine. In the alternative, citing People v. Dueas (2019) 30 Cal.App.5th 1157, defendant argues the restitution fine must be stayed pending a finding he had an ability to pay it. We disagree.
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