What is the test for determining whether a defendant has a right to appeal against the imposition of costs?

California, United States of America


The following excerpt is from People v. Curry, 276 Cal.Rptr.3d 406, 62 Cal.App.5th 314 (Cal. App. 2021):

Defendant contends the trial court's imposition of costs without first determining his ability to pay violated due process principles, as articulated in People v. Dueas (2019) 30 Cal.App.5th 1157, 242 Cal.Rptr.3d 268 ( Dueas ). Anticipating the People's argument that he forfeited this claim by failing to raise it before the trial court, defendant insists the issue is not forfeited, because: his claim implicates "fundamental rights"; the imposition of

[276 Cal.Rptr.3d 416]

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