Trujillo

People v. Trujillo

Bad Law
182 Cal. Rptr. 3d 143·2015 Cal. LEXIS 5·60 Cal. 4th 850·340 P.3d 371
Supreme Court of CaliforniaJanuary 12, 2015S213687California3,808 words

Opinion

Opinion

Werdegar, J.

In this case, and in the companion case of People v. Aguilar (2015) 60 Cal.4th 862 [ 182 Cal.Rptr.3d 137 , 340 P.3d 366 ], we address questions related to People v. McCullough (2013) 56 Cal.4th 589 [ 155 Cal.Rptr.3d 365 , 298 P.3d 860 ], which held that a defendant forfeits an appellate challenge to the sufficiency of evidence supporting a jail booking fee imposed under Government Code section 29550.2, subdivision (a), if the fee is not first challenged in the trial court. Here we determine if the forfeiture rule applies in the context of an order that defendant pay probation supervision and presentence investigation fees imposed under Penal Code section 1203.1b, which prescribes specific procedures for imposition of such fees. Although at trial defendant neither objected to the fees nor asserted an inability to pay them, the Court of Appeal reversed the order of payment and remanded with directions that the trial court follow the procedure prescribed in section 1203.1b before imposing the fees. We granted the People’s petition for review and now reverse.

Factual and Procedural Background

A jury found defendant guilty of buying, receiving, concealing, or withholding…

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