P.

P. v. Delgado CA1/3

Good Law
Court of Appeal of CaliforniaMarch 7, 2013A134860California952 words

Opinion

Opinion

Discussion Defendant claims that the court erroneously imposed the probation report fee without determining her ability to pay the fee as required by section 1203.1b,1 and that

1 Penal Code section 1203.1b provides in relevant part: “(a) In any case in which a defendant . . . is granted probation or given a conditional sentence, the probation officer, . . . , taking into account any amount that the defendant is ordered to pay in fines, assessments, and restitution, shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of . . . conducting any presentence investigation and preparing any presentence report made pursuant to Section 1203 . . . . The probation officer shall inform the defendant that the defendant is entitled to a hearing, that includes the right to counsel, in which the court shall make a determination of the defendant’s ability to pay and the payment amount. The defendant must waive the right to a determination by the court of his or her ability to pay and the payment amount by a knowing and intelligent waiver. [¶] (b) When the defendant fails to waive the right provided in subdivision (a) to a determination by the…

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