California v. Ellis

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In 1992, Victor Lee Ellis was sentenced to prison for seven years and was accessed a fine under Penal Code section 1202.4, which qualified for garnishment under section 2085.5(a). In 1999, Ellis finished serving his prison sentence. Ellis returned to prison in 2011. Under section 2085.5 (a), the Department of Corrections and Rehabilitation resumed deducting a portion of Ellis's prison wages based on the fine arising out of his 1992 crime. Ellis argued maintains the CDCR did not have authority to garnish his prison wages under section 2085.5(a) because he was no longer in custody for the 1992 crime. The Court of Appeals disagreed, finding that if Ellis still owed a portion of a qualifying fine and was an inmate in a California prison, the CDCR could deduct a portion of his prison wages. Therefore, the superior court did not err in denying Ellis' motion to vacate restitution. View "California v. Ellis" on Justia Law