P. v. Hill CA2/4
In February 2002, Hill was convicted of several crimes including forcible rape, forcible sexual penetration, and assault with force likely to cause great bodily injury. The court imposed an aggregate sentence of 110 years. Additionally, the court imposed a restitution fine of $10,000 (Pen. Code, § 1202.4, subd. (b)), a parole revocation restitution fine of $10,000 (§ 1202.45), and a fine of $300 to the victims of sex crime fund (§ 290.3, subd. (a)).
On September 17, 2021, Hill filed a post-judgment “motion to dismiss restitution order by the court pursuant to Assembly Bill 1869” seeking to vacate his restitution fines. Hill argued that pursuant to Assembly Bill No. 1869, which added section 1465.9 to the Penal Code, these restitution fines were now unenforceable and uncollectible and any portion of a judgment imposing those fines must be vacated.
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