P. v. Duchesne
The issue in this case is whether, after the defendant pleaded no contest to certain counts under a plea bargain, the trial court abused its discretion in setting the amount of the restitution fund fine under Penal Code section 1202.4, subdivisions (b), (c) and (d). This section provides, among other things, that in setting the amount of thefine between $200 and $10,000, the trialcourt shall consider any relevant factors, including a defendant's inability to pay. (S 1202.4, subd. (d).) Defendant contends that the courterred here by refusing to consider his inability to pay in fixing the fine at$4,200. Based on this record, Court conclude that defendant has failed to affirmatively show that the court erred. Court accordingly affirm the judgment.
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