People v. Stevenson CA3

FACTS

The facts of defendant’s offenses are not at issue and need not be set forth in this opinion.

DISCUSSION

I Ability to Pay Fees Defendant contends the trial court erred by imposing the booking and probation fees without determining his ability to pay. He argues the trial court made no express finding of his ability to pay and the evidence is insufficient to support an implied finding of such ability. The Attorney General counters that defendant forfeited his claim by failing to object at the time the fees were imposed. We agree. (People v. McCullough (2013) 56 Cal.4th 589 (McCullough).) Penal Code section 1203.1b, subdivision (a) provides, in relevant part: “In any case in which a defendant is convicted of an offense and is the subject of any preplea or presentence investigation and report, whether or not probation supervision is ordered by the court . . . the probation officer . . . shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost . . . of conducting any presentence investigation and preparing any presentence report made pursuant to Section 1203 . . . .

2 The probation officer shall inform the defendant that the…