P.

P. v. Cosey CA3

Good Law
Court of Appeal of CaliforniaMay 20, 2013C071253California1,154 words

Opinion

Opinion

DISCUSSION

I Forfeiture Defendant complains of two fees imposed by the trial court at sentencing--a main jail booking fee of $270.17 and a main jail classification fee of $51.34 (see Gov. Code, § 29550.2). At the time of sentencing, defendant did not object to the fees‟ imposition. He now contends these fees must be stricken because the trial court failed to assess and find his ability to pay, and also because the record lacks evidence of proof of “actual” costs. The People argue defendant has forfeited these challenges to the fees at issue because he raised no objection to their imposition or amount in the trial court. We agree. We have repeatedly held that failure to object in the trial court based on lack of ability to pay forfeits the contention of error. (See People v. Crittle (2007) 154 Cal.App.4th 368, 371; People v. Hodges (1999) 70 Cal.App.4th 1348, 1357; People v. Gibson (1994) 27 Cal.App.4th 1466, 1468-1469; see also People v. McMahan (1992) 3 Cal.App.4th 740, 749-750 [defendant knowledgeable about his ability to pay, and his failure to object to fine recommended by probation officer or offer contrary evidence forfeited claim].) Recently, our Supreme Court agreed with…

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