What is the appellate forfeiture rule on a defendant's claim that he lacks the ability to pay any fine or fee imposed at his sentencing?

California, United States of America


The following excerpt is from People v. Lively, A154039 (Cal. App. 2019):

Appellant forfeited this claim because he did not object that he lacked the ability to pay any fine or fee that was imposed on him. (People v. Aguilar (2015) 60 Cal.4th 862, 864 [appellate forfeiture rule applies to probation fines and attorney fees imposed at sentencing]; People v. McCullough (2013) 56 Cal.4th 589, 596-598 [defendant forfeits appellate challenge to the sufficiency of evidence supporting a Government Code section 29550.2, subdivision (a) booking fee if objection not made in the trial court]; People v. Avila (2009) 46 Cal.4th 680, 729 [appellant forfeiture rule applies to defendant's claim that restitution fine amounted to an unauthorized sentence

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based on his inability to pay]; People v. Nelson (2011) 51 Cal.4th 198, 227 [claim that trial court erroneously failed to consider ability to pay a restitution fine forfeited by the failure to object].)

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