Duenas’ Reach Limited by the Sixth Appellate District.

The Second Appellate District held in People v. Duenas that it was a due process violation under the state and federal government for a judge to order defendant to pay certain court fees and fines without first holding an “ability to pay” hearing. The Duenas ruling is currently under review by the California Supreme Court. Until a Supreme Court ruling is issued, other appellate courts are free to rule on whether there exists a right to a hearing on one’s “ability to pay.” The Sixth Appellate District has criticized the Duenas ruling, as the following link to a short summary explains – https://www.greghillassociates.com/duenas-reach-limited-by-sixth-appellate-district.html

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