The People v. Hampton CA3

BACKGROUND

The facts surrounding the underlying offense are not relevant to the issue on appeal. Defendant informed the trial court that he wanted to accept the plea deal. Defense counsel informed the trial court that probation conditions had been prepared, and defendant confirmed that he wanted to proceed with sentencing that day. The trial court accepted defendant’s no contest plea, and defense counsel indicated they were ready to proceed with sentencing. Page three of the proposed conditions of probation indicated that “urinalysis testing is $25.00 per test.” Defense counsel objected to “the urinalysis test.” She said there were no drugs involved in this case. Defense counsel moved to strike “all of those, as well as any non-mandatory fine and fee. The mandatory fines and fees, I would request the minimum.” The trial court indicated that it would adopt most of the proposed probation conditions, but it would make some changes as requested by defense counsel. The trial court added, “[t]hat means if I don’t talk about a specific probation condition, it will be adopted without any changes.” The trial court placed defendant on probation for five years and imposed various terms and…