People v. Palmer CA1/2

BACKGROUND

Palmer pleaded guilty to appropriation of public funds (Pen. Code, § 424, subd. (a))1 in 2016.2 She was placed on probation and ultimately stipulated to pay restitution of $301,343. In October 2019, Palmer filed a motion to set aside a $41,054.40 restitution collection fee that San Mateo County Revenue Services (Revenue Services) had imposed pursuant to former section 1203.1, subdivision (l). The County opposed the motion, the trial court denied it and Palmer filed this appeal. Palmer’s opening brief, filed on January 5, 2021, argued that the trial court erred in failing to make a finding of ability to pay the restitution collection fee, in violation of People v. Dueñas (2019) 30 Cal.App.5th 1157. Palmer requested, however, that we defer decision on the appeal because the issue was pending in the California Supreme Court in People v. Kopp (S257844, review granted November 13, 2019). After the parties’ remaining briefs were filed, on July 8, 2021, we stayed the appeal pending the Supreme Court’s decision in Kopp as requested in Palmer’s opening brief. Meanwhile, the Legislature adopted Assembly Bill No. 177 (2021-2022 Reg. Sess.) (Assembly Bill No. 177), which repealed…