Does a minor have a right to appeal against a probation order that makes him and his parents financially liable for assessments under section 22 of his probation?

California, United States of America


The following excerpt is from People v. David C. (In re David C.), 261 Cal.Rptr.3d 144, 47 Cal.App.5th 657 (Cal. App. 2020):

Minor argues the portion of condition 22 making minor and his parents financially liable for the assessments is unauthorized by law, and that even if the costs of the assessments are authorized, payment of such costs cannot be a condition of probation and would need to be imposed by a separate order. Minor did not object on this basis below but argues that because the condition is "unauthorized as a matter of law and correctable without reference to factual findings" it may be challenged at any time. ( People v. Kim (2011) 193 Cal.App.4th 836, 842, 122 Cal.Rptr.3d 599.) We agree that the financial liability portion of condition 22 is unauthorized and that minor may raise the issue of an unauthorized sentence for the first time on appeal.

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