People v. Serrano CA4/3

FACTS

In 2013, Serrano pleaded guilty to receiving stolen property and admitted the prior conviction and prison term allegations. The trial court sentenced Serrano to two years in prison. Serrano entered into the plea agreement understanding the court may order her to reimburse her attorney fees and signed a waiver on the determination of her ability to pay. The court determined Serrano was unable to pay attorney fees because of her commitment to state prison. In January 2015, Serrano filed, and the trial court granted, a petition to have her felony conviction designated a misdemeanor pursuant to Penal Code section 1170.18. The court redesignated Serrano’s conviction a misdemeanor, ordered her to serve 365 days in jail with credit for time served, and imposed one year of parole. The court concluded, “I am signing an order that requires you to reimburse the public defender and the sheriff.” When the court asked whether there was anything else, defense counsel responded, “No. Thank you, your honor.”

DISCUSSION

Serrano argues the trial court erred by imposing attorney fees and “sheriff” fees and asserts her claims are not forfeited. The Attorney General contends Serrano forfeited…