Wednesday, November 27, 2019
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Div. Seven Responds to Criticisms of Dueñas
By a MetNews Staff Writer
Div. Seven of this district’s Court of Appeal yesterday reaffirmed its Jan. 8 stance in People v. Dueñas that due process requires an ability-to-pay hearing before imposing fees and fines on a defendant, answering criticisms of the opinion, and telling why it rejects approaching each case from the standpoint of whether the creation of financial obligations is cruel and unusual punishment.
Justice Gail Ruderman Feuer wrote yesterday’s opinion in People v. Belloso which appears in today’s Slip Opinion Supplement at page 3867.
The California Supreme Court has granted review in People v. Kopp to decide if Dueñas was correctly decided.
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