Does defendant have the ability to pay the court-ordered fines?

California, United States of America


The following excerpt is from People v. Ofoegbu, B288220 (Cal. App. 2019):

6. In so concluding, we note that defendant "points to no evidence in the record supporting his [present or future] inability to pay." (People v. Gamache (2010) 48 Cal.4th 347, 409.) And, defendant offers no legal authority in support of his suggestion that because he was represented by appointed counsel at trial, he necessarily cannot afford to pay the court-ordered fines. In fact, the law holds otherwise. (See, e.g., People v. Douglas (1995) 39 Cal.App.4th 1385, 1397 ["a defendant may lack the 'ability to pay' the costs of court-appointed counsel yet have the 'ability to pay' a restitution fine"].)

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