The People v. Allison CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 12, 2011, Los Gatos police arrested defendant on a bench warrant. Evidence presented at his preliminary hearing showed defendant had been notified of his duty to register as a sex offender following his conviction for a prior offense. A custodian of records testified that database records showed defendant had failed to register with any law enforcement agency in California. Defendant pleaded no contest to the charge, and admitted an allegation that he was out of custody on bail at the time of the offense. At sentencing, the trial court imposed, inter alia, a criminal justice administration booking fee of $129.75. (Gov. Code, § 29550.1.) Defendant lodged no objection to this fee.

II. DISCUSSION

Defendant contends the evidence is insufficient to show his ability to pay the criminal justice administration booking fee.3 Respondent contends he forfeited his claim by failing to object. Defendant concedes he failed to object, but argues his claim is not forfeited, relying on People v. Pacheco (2010) 187 Cal.App.4th 1392 (Pacheco) (claim of

2 Defendant filed his opening brief before the California Supreme Court issued McCullough.…