Is a finding of inability to pay attorney fees an unauthorized sentence that requires no objection to preserve an appellate challenge?
California, United States of America
The following excerpt is from People v. Dedrick, A148237 (Cal. App. 2018):
7. In making this assumption, we do not address whether the imposition of attorney fees under section 987.8 despite a finding of inability to pay is an unauthorized sentence that requires no objection to preserve an appellate challenge. (See People v. Scott (1994) 9 Cal.4th 331, 354.) Defendants neither make any such argument nor contend that their failure to object should otherwise be excused.
"The most advanced legal research software ever built."
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
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General argue that appellant's requirement to register under section 290.005 constitute an unauthorized sentence? (California, United States of America)
Can a claim that a sentence is unauthorized be reviewed even if appellant did not challenge it at the time of sentencing? (California, United States of America)
Does the Attorney General have any grounds to claim that appellant forfeited his right to challenge his sentence by failing to object when the court gave him the upper term on the robbery count? (California, United States of America)
Does the Attorney General have any obligation to oppose the sentencing of a defendant who failed to object at the time of sentencing? (California, United States of America)
Is a defendant required to have a certificate of probable cause to challenge a sentencing enhancement where the plea agreement does not specify a specific sentence? (California, United States of America)
Does the Attorney General have any authority to issue a harsher sentence on remand for resentencing where the original sentence was unauthorized? (California, United States of America)
Does a state statute requiring an attorney to disclose certain terms under which his services can be advertised require that the attorney's advertising must contain a disclaimer? (California, United States of America)
Does appellant's failure to seek modification of his probation sentence prior to his probation violation have any bearing on subsequent efforts by appellant to modify his sentence? (California, United States of America)
Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review? (California, United States of America)
