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REVERSED: Restitution Fine Without an Ability-to-Pay Hearing

People v. Greeley Docket: H047281 (Sixth Appellate District), Opinion Date: October 20, 2021. Greeley was convicted of first-degree burglary (Pen. Code 460(a)). The trial court suspended imposition of sentence, placed Greeley on probation for three years, and imposed various fines and fees, and restitution. The court of appeal reversed. The court first rejected arguments that instances of prosecutorial misconduct, individually and collectively, warrant reversal; the trial court prejudicially erred by giving CALCRIM No. 315 [Eyewitness Identification]; these errors cumulatively violated Greeley’s due process rights; and the imposition of court assessments and a restitution fine without an ability-to-pay hearing violated her constitutional rights. The court agreed that the three-year term of probation is now unauthorized and the court should strike the criminal justice administration fee and the probation supervision fee. The court remanded with instructions that the term of probation should be reduced to two years and that the unpaid portions of the criminal justice administration and probation supervision fees should be stricken.

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