Does the forfeiture rule apply to a defendant who has forfeited his argument regarding the probation report fees?

California, United States of America

The following excerpt is from People v. Manfredonia, C065870 (Cal. App. 2011):

While the forfeiture rule might seem inconsistent with Penal Code section 1203.1b and its requirement of a knowing and intelligent waiver of hearing on the ability to pay, the waiver requirement has been found not to apply to appellate review. (See People v. Valtakis, supra, 105 Cal.App.4th at p. 1075.) "[S]ection 1203.1b and other recoupment statutes reflect a strong legislative policy in favor of shifting costs arising from criminal acts back to convicted defendants and replenishing public coffers from the pockets of those who have directly benefited from county expenditures." (People v. Bradus (2007) 149 Cal.App.4th 636, 643.) It would be inconsistent with this legislative policy to permit convicted defendants to stand silently by, and to raise the issue for the first time on

Page 7
appeal, thus draining both appellate and trial court resources in the process. (People v. Valtakis, supra, 105 Cal.App.4th at p. 1076.) On this record, defendant has forfeited his argument regarding the probation report fees.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the doctrine of forfeiture apply to a defendant's failure to challenge the imposition of a probation supervision fee and the cost of preparing a probation report? (California, United States of America)

When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)

Can a probation officer's report be used to determine the sentence of a defendant who has not received a probation report? (California, United States of America)

Is a defendant entitled to a probation report from the probation officer regardless of whether he is eligible for probation? (California, United States of America)

Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (California, United States of America)

What is the sole argument raised by defendant on appeal against his probation for failing to report to his probation officer? (California, United States of America)

Does the contrary rule of the Probation Guidelines apply to a defendant's probation report? (California, United States of America)

How has the court treated a probation officer's report showing that he failed to report to his probation officer, pay restitution, submit verification of his employment, and attend counseling? (California, United States of America)

When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)

What is the limitation of a defendant's ability to amend or amend a probation report and police report? (California, United States of America)

Does the forfeiture rule apply to a defendant who has forfeited his argument regarding the probation report fees?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources