People v. Thiessen CA3

DISCUSSION

Defendant’s sole contention on appeal is that the trial court erred ordering him to pay probation-related costs, as the statutorily mandated procedures of section 1203.1b were not complied with and there was insufficient evidence he had the ability to pay those costs.

Because of the nature of the claim on appeal, a detailed recitation of the substantive facts underlying defendant’s convictions is unnecessary.

2 While this appeal was pending, our Supreme Court issued its decisions in People v. Trujillo (2015) 60 Cal.4th 850, 860-861 and People v. Aguilar (2015) 60 Cal.4th 865, 867-868, holding that a defendant’s failure to challenge the imposition of probation- related costs based on failing to follow the statutorily mandated procedures of section 1203.1b or a claim of insufficient evidence of defendant’s ability to pay forfeits such a claim on appeal. Because those decisions resolve defendant’s appellate challenge adversely to him and are binding on this court (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455), we affirm.

DISPOSITION

The judgment is affirmed.

NICHOLSON , J.

We concur:

BLEASE , Acting P.…