People v. Monteer CA1/1

BACKGROUND

We recite only the facts relevant to the fee issues defendant raises on appeal. At the outset of what became the sentencing hearing, counsel advised the trial court that the parties had reached a negotiated disposition of a probation revocation matter and the instant criminal case. Defense counsel recited the principal terms of the agreement and then objected to the imposition of any fines and fees the court could waive on the ground defendant lacked ability to pay. The court responded, “Well, what I’ll do is I’ll go through them in the sentencing, and then tell me which actual ones you object to, and then my understanding is the probation department is doing the task of gathering the information, making a recommendation just like they do for attorney’s fees, we’ll— whoever does it for attorney’s fees, same process, and then it goes back to a judge and he can ask for a hearing if he doesn’t agree with what they are.” The court then took defendant’s plea, suspended imposition of sentence, and placed defendant on three years of formal probation subject to numerous terms and conditions, including that he serve 180 days in the county jail term with credit for time served.…