Does a defendant's failure to object at sentencing to noncompliance with the probation supervision fees of section 1203.1b waives any claim of error on appeal?

California, United States of America


The following excerpt is from People v. Aguilar, 162 Cal.Rptr.3d 246 (Cal. App. 2013):

Appellant nevertheless suggests he was not advised of, and did not waive, his due process hearing rights with respect to the probation supervision fees. People v. Valtakis, supra, 105 Cal.App.4th 1066, 130 Cal.Rptr.2d 133, however, held a defendant's failure to object at sentencing to noncompliance with the probation fee procedures of section 1203.1b waives any claim of error on appeal. ( Id. at p. 1068, 130 Cal.Rptr.2d 133.) Further, any claim by appellant that the probation department failed to follow the procedures set forth in section 1203.1b would rely on facts outside the record on appeal, making habeas corpus or some other postconviction proceeding the proper way to raise the issue.

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