California v. Pack-Ramirez
Annotate this CaseDefendant Reffiglia Lorraine Pack-Ramirez pled no contest to a felony count of identifying information theft with a prior. The court sentenced defendant to the upper term of 3 years in county jail. The court also ordered her to pay a $600 restitution fine under Penal Code section 1202.4(b); a $619.86 victim restitution payment under section 1202.4(f); a $40 court operations assessment under section 1465.8; a $30 court facilities assessment under Government Code section 70373; and a $109.50 fee for the cost of preparing the probation report under section 1203.1b. On appeal, defendant contended the Court of Appeal should conditionally reverse the judgment and remand for a hearing on her eligibility for primary caregiver diversion under newly enacted Penal Code section 1001.83. She also alleged the court violated her right to due process by imposing the above-mentioned amounts without first determining her ability to pay them. After review of the trial court record, the Court of Appeal affirmed judgment, but directed the trial court to correct the abstract of judgment and sentencing minute order to reflect a $600 restitution fine under section 1202.4(b).
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