The People v. McConnell CA6

DISCUSSION

Defendant argues that the order imposing the probation-supervision fee must be reversed because the trial court failed to hold a hearing regarding his ability to pay the fee, as required by section 1203.1b. The People contend that defendant forfeited his claim because he failed to request a section 1203.1b hearing in the trial court. We conclude that defendant’s claim is not forfeited, and that the trial court erred in failing to follow the required statutory procedures before imposing the probation-supervision fee. We therefore will reverse the order requiring defendant to pay the probation-supervision fee, and we will remand the case to the trial court for a hearing regarding defendant’s ability to pay a probation-supervision fee. Background After defendant pleaded guilty on November 7, 2011, the court told defendant: “You don’t need to go to probation because it is a waived referral . . . .” The “waived referral” probation report therefore did not contain any information regarding defendant’s financial status. The report nonetheless recommended a probation-supervision fee “not to exceed $110 per month.” When the trial court placed defendant on formal probation on…