Is a defendant's failure to object to the section 1203.7.1 fee imposed by the probation department in violation of the California Probation Act?

California, United States of America


The following excerpt is from People v. Lopez, A157030 (Cal. App. 2020):

7. Defendant suggests, mainly in a heading preceding discussion of the section 1203.1 fee, that the section 1203.1 fee was imposed in violation of the statute's requirements that the probation officer determine a defendant's ability to pay. Defendant does not develop this claim and appears to acknowledge that the probation department recommended imposition of the fee after reviewing his work history and income sources. Lack of clear argument supporting a statutory violation claim forfeits its review on appeal. (Paterno v. State of California (1999) 74 Cal.App.4th 68, 106.) In any event, to the extent defendant is claiming a statutory violation, defendant's failure to object to the fee waives the claim on appeal. (People v. Valtakis (2003) 105 Cal.App.4th 1066, 1071-1072, 1075.)

Other Questions


Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Can a defendant's failure to attend a hearing on a section 995 motion under section 1305 of the California Criminal Code be grounds for forfeiture of his bail? (California, United States of America)
Does a defendant's failure to object to a fine under Penal Code section 1202.4 at the time it was imposed based on the ability to pay forfeits the issue for appeal? (California, United States of America)
Does Defendant have a right to object to the terms of his probation under the California Probation Guidelines? (California, United States of America)
Does Section 654 of the California Criminal Code require a defendant to be punished for each statutory violation committed in pursuit of two separate criminal objectives? (California, United States of America)
Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)
Does a discretionary restitution order under section 1202.4 of the California Criminal Code apply to a grant of probation under the California Probation Act? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Does the forfeiture rule apply to a criminal defendant's failure to object to financial obligations imposed upon a grant of probation or sentencing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.