People v. Cowan
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After the denial of a motion to suppress evidence Cowan pleaded guilty to second-degree auto burglary, and, pending preparation of the probation report, agreed to a 16-month "hammer" term in county jail if he failed to appear for his sentencing hearing or to his probation interview. He failed to appear at both. At a continued sentencing hearing, the court rejected Cowan’s excuses and sentenced Cowan to three years’ formal probation, subject to the "hammer." The court imposed a restitution fine and court operations and facilities assessments.
The court of appeal affirmed in part, rejecting Cowan’s argument that his detention in a traffic stop before his arrest violated the Fourth Amendment for lack of reasonable suspicion. The court reversed the 16-month jail sentence; imposing a jail term that exceeds 12 months as a condition of probation is an unauthorized sentence under Penal Code section 19.2.
The trial court erred in overruling Cowan’s inability-to-pay objection; upon proper objection, a sentencing court must allow a defendant facing the imposition of a minimum restitution fine or court operations and court facilities assessments to present evidence and argument why these financial exactions exceed his ability to pay. Should the court, on remand, find the restitution fine to be excessive, the appropriate disposition is to decline to impose it, not to stay it.
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