California, United States of America
The following excerpt is from People v. Son, 262 Cal.Rptr.3d 824, 49 Cal.App.5th 565 (Cal. App. 2020):
I concur with the majority that no structural error occurred under McCoy v. Louisiana (2018) U.S. , 138 S.Ct. 1500, 200 L.Ed.2d 821 and that no error occurred in failing to instruct the jury on involuntary manslaughter. I also agree that no Pitchess1 error occurred. Lastly, I concur with part IV of the lead opinion, to the extent it holds that remand to allow an ability to pay hearing as to the restitution fine pursuant to Penal Code 2 section 1202.4, subdivision (b)(1) is not constitutionally required based on the facts presented.
However, I dissent from my colleagues' conclusion that remand, and an ability to pay hearing, is necessary with respect to the court facilities and operation assessments under Government Code section 70373, subdivision (a)(1) and Penal Code section 1465.8, subdivision (a)(1), pursuant to People v. Dueas (2019) 30 Cal.App.5th 1157, 242 Cal.Rptr.3d 268 ( Dueas ).
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