People v. Santos
Annotate this CaseSantos was arrested in connection with a stolen vehicle report. He pleaded no contest to vehicle theft with a prior conviction, possession of methamphetamine, possession of burglary tools, and buying or receiving a stolen motor vehicle with a prior conviction, and admitted one prison prior. The trial court sentenced Santos to two years in state prison and imposed fees and fines. After an independent review of the record, the court of appeal analyzed recent cases that applied due process principles to prohibit the imposition of certain fees and a restitution fine upon an indigent defendant without first ascertaining the defendant’s ability to pay. The failure to object to the assessments did not forfeit the claim of error on appeal. While the Santos record does not reflect extreme circumstances, the principles articulated in those cases still apply. The court ordered a limited remand for the trial court to ascertain Santos’s ability to pay the court operations assessment (Penal Code 1465.8) and the criminal conviction assessment (Government Code 70373). The court noted the disproportionate burden that the accumulation of fines has on the very poor, at times transforming what might be merely “associated collateral consequences” for those who can pay into a form of additional punishment for those who cannot pay.
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