People v. Phillips CA1/2

DISCUSSION

The Propriety of the Trial Court’s Imposition of Various Fines and Fees at Sentencing

I. Trial Court Background

The probation report contained recommendations regarding the imposition of various fees and fines, as part of appellant’s Proposition 36 probation, amounting to a total of $800. The recommendations did not include any mention of attorney fees. At the sentencing hearing, when the trial court asked if defense counsel agreed that the requested assessments should include a $400 presentence investigation report, counsel responded, “I don’t think she’s going to have the capability, so you’re setting her up for horrible failure. She’s going to be incarcerated for a year. She’s been homeless for the past year. I don’t think it’s possible.” The court “specifically” found that appellant had no ability to pay for the presentence investigation report. After subtracting the $400 for the presentence investigation report, the court told appellant, “You are going to be ordered to pay a fine in the amount of $400.” The court then set a payment schedule for the remaining fines of $50 a month. It also asked appellant whether she would have a job after she was out of custody,…