Valtakis

People v. Valtakis

Good Law
105 Cal. App. 4th 1066·130 Cal. Rptr. 2d 133·2003 Cal. App. LEXIS 128·2003 Daily Journal DAR 1205·2003 Cal. Daily Op. Serv. 979
Court of Appeal of CaliforniaJanuary 30, 2003A096508California4,371 words

Opinion

Opinion

Lambden, J.

We hold that a defendant’s failure to object at sentencing to noncompliance with the probation fee procedures of Penal Code section 1203.1b waives the claim on appeal, consistent with the general waiver rules of People v. Welch (1993) 5 Cal.4th 228 [ 19 Cal.Rptr.2d 520 , 851 P.2d 802 ] (Welch) and People v. Scott (1994) 9 Cal.4th 331 [ 36 Cal.Rptr.2d 627 , 885 P.2d 1040 ] (Scott).

Background

Wilfred Carl Valtakis entered a negotiated plea of no contest to one count of LSD possession for sale (Health & Saf. Code, § 11378) in return for dismissal of a second felony count (id., § 11377, subd. (a)) with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396]), dismissal of a second case, and probation. The plea entry form included a provision, initialed by Valtakis, acknowledging, “In addition to other penalties that may be ordered by the Court, I will be subjected to fines that may vary in amount from $10.00 to $20,000.00.” The hearing was held on August 7, 2001, and sentencing was continued to October 2 to allow for a probation interview and report.

The report recommended a restitution fine, of $200 (Pen. Code, § 1202.4), a drug lab fee…

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