People v. Willis CA3

DISCUSSION

Given the contentions on appeal, it is not necessary to set forth the underlying facts pertaining to defendant’s convictions. We will include background facts relevant to defendant’s contentions in our discussion. Section 1203.1b provides for the imposition of certain fees, including a fee for the reasonable cost of conducting a presentence investigation or preparing a presentence report. (§ 1203.1b, subd. (a).) As relevant to this appeal, section 1203.1b requires the probation officer to determine a defendant’s ability to pay the reasonable cost of the presentence investigation and report, to inform the defendant of his right to a hearing regarding his ability to pay, and to refer the matter to the trial court for a hearing unless the defendant expressly waives his right to a hearing. (§ 1203.1b, subds. (a) & (b).) A Defendant claims the trial court erred in ordering him to pay the $350 probation fee because the probation department did not give him notice of his right to a hearing as required by section 1203.1b, and defendant did not waive his right to a hearing. It is true that here, there is no indication in the record that the probation department informed…