Is a defendant permitted to appeal the sentencing court's imposition of certain fees at sentencing?

California, United States of America


The following excerpt is from People v. Toliver, A143471 (Cal. App. 2016):

the court failed to exercise its discretion and violated the state and federal constitutional prohibitions against ex post facto laws. He also argues, in the alternative, that defense counsel provided ineffective assistance by failing to object to the amount of these fines at sentencing. In his reply brief, appellant acknowledges that he has forfeited this claim due to defense counsel's failure to object to imposition of these fines at the sentencing hearing. (See People v. Trujillo (2015) 60 Cal.4th 850, 859 ["No reason appears why defendant should be permitted to appeal the sentencing court's imposition of [certain fees imposed at sentencing] after having thus tacitly assented below"].)

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