Can defense counsel object to an order for an attorney fee on appeal?

California, United States of America


The following excerpt is from People v. Ahmad, E064736 (Cal. App. 2017):

The record shows, here, that defense counsel had the opportunity to object to the attorney fee after the trial court announced defendant's proposed sentence and asked counsel if they submitted. At that time, defense counsel could have objected to the attorney fee order or requested a hearing on defendant's ability to pay the fee. Defense counsel's failure to object forfeited the issue on appeal. "'Given that imposition of a fee is of much less moment than imposition of sentence, and that the goals advanced by judicial forfeiture [were equally relevant in the fee context], we [see] no reason . . . to conclude that the rule permitting challenges made to the sufficiency of the evidence to support a judgment for the first time on appeal "should apply to a finding of" ability to pay [fees].'" (People v. Trujillo (2015) 60 Cal.4th 850, 857 (Trujillo); People v. McCullough (2013) 56 Cal.4th 589, 599.)

Other Questions


Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Does Attorney General Jeff Sessions have to appeal from an order after judgment where he was ordered to pay attorney fees? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.