P. v. Schwenk CA1/1
Defendant Eric Darrell Schwenk pleaded guilty to one count of lewd acts on a child, with an enhancement for a previous conviction of the same offense. This plea was entered after more than a decade of litigation, which included a jury trial, an appeal, and a successful federal petition for habeas corpus. After and in accordance with the plea, the trial court sentenced Schwenk to 13 years in state prison, and it then released him for time served. As part of its sentence, the court reimposed a previously levied and paid $6,000 restitution fine, giving Schwenk credit for the earlier payment. On appeal, Schwenk argues that the court erred in reimposing the fine because no substantial evidence supported the court’s implied finding that he was able to pay it. We affirm.
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