P.
P. v. Delgado CA1/3
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…