What is the test for objecting to a crime prevention fine?

California, United States of America


The following excerpt is from People v. Sprague, C070565 (Cal. App. 2015):

The trial court was required to impose the crime prevention fines4 upon a determination of the ability to pay all or part of the fine and had discretion under section 1202.5, subdivision (a), to impose a fine of less than the statutorily prescribed amount based on a determination that the defendant did not have the ability to pay the full amount of the fine. The court's failure to make any mention of a section 1202.5 fine at sentencing, then, involves a discretionary sentencing choice, which was therefore forfeited by the People's failure to object in the trial court. (People v. Tillman (2000) 22 Cal.4th 300, 303; see People v. Walz (2008) 160 Cal.App.4th 1364, 1369-1371.)

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