Hoover

People v. Hoover

Good Law
132 Cal. Rptr. 3d 350·199 Cal. App. 4th 1470·2011 Cal. App. LEXIS 1313
Court of Appeal of CaliforniaOctober 19, 2011No. B229598California958 words

Opinion

Lead Opinion

Gilbert, J.

When a court orders a defendant in a criminal case to pay certain probation fees, it may not consider a period of more than one year *1472 from the date of hearing to determine the defendant’s future financial position. (Pen. Code, § 1203.1b.) The court, however, is not limited to one year in ordering how long a defendant must make periodic payments.

William Dion Hoover contends the trial court erred when it ordered him to pay the full amount of his probation investigation and supervision fees imposed pursuant to Penal Code section 1203.1b (hereafter section 1203.1b). We affirm.

FACTS

Hoover pled no contest to transportation of a controlled substance, cocaine. (Health & Saf. Code, § 11352, subd. (a).) The court sentenced Hoover to three years in prison, suspended execution of the sentence and placed him on probation for three years. Probation was conditioned on, among other matters, serving 61 days in jail.

• The court held a hearing on Hoover’s ability to pay a $1,375 probation investigation fee and a $90 per month probation supervision fee. Both fees were imposed pursuant to section 1203.1b.

At the hearing Hoover’s counsel stated Hoover had not worked since…

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