What is the test for a defendant's ability to object to a court's decision to grant a defense counsel fee?

California, United States of America


The following excerpt is from People v. Throckmorton, A145574 (Cal. App. 2016):

2. The parties agree that appellate review of a defendant's ability to pay is governed by the substantial evidence standard. (See People v. Nilsen, supra, 199 Cal.App.3d at p. 351.)

3. The People argue this contention was forfeited by defendant's failure to object below. We disagree. The above-quoted colloquy at the conclusion of the sentencing hearing, ante, reflects that after the court imposed the fee defense counsel objected that defendant was unable to pay it. In addition, when the trial court explained the basis for its ruling, defendant personally tried to interject too but the trial court cut him off. These efforts sufficed to preserve a challenge to the ruling on appeal. (See People v. Aguilar (2015) 60 Cal.4th 862, 867-868 [to preserve claim of section 987.8 error, defendant "could have objected when the court, at sentencing, announced the fees it was imposing, which largely tracked those recommended in the presentence investigation report"].)

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