P.

DISCUSSION

Sections 29550, 29550.1, and 29550.2 govern booking fees for processing arrested

persons into county jail. (People v. Pacheco (2010) 187 Cal.App.4th 1392, 1399

(Pacheco).) Persons, such as Aung, that are arrested by a local agency are liable for one-

half the amount of the booking fee without any determination of his or her ability to pay

the fee. (§ 29550, subd. (a)(1).) Persons arrested by other than a local or county agency

are liable for the full booking fee, subject to their ability to pay. (§ 29550.2.) Finally,

county arrestees may be liable for the full booking fee if incarcerated; however, booking

fee liability for county arrestees placed on probation is conditioned on their ability to pay.

(§ 29550, subd. (d).)

Aung contends that his equal protection rights were violated because he was

required to pay the full booking cost and no rational basis exists to distinguish why an

ability to pay finding is required for some agencies but not others. He acknowledges that

he failed to raise this issue below. The issue whether forfeiture applies when a defendant

did not object to the imposition of a booking fee in the trial court is pending before our

high…