Skip to content
Name: People v. Brach
Case #: C037369
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/24/2002
Subsequent History: As modified 1/30/02.

Appellants were convicted of cultivation of marijuana, and were placed on probation, a condition of which was that they pay $1,195 for expenses occurred in the eradication of the marijuana. On appeal, they argued that the probation condition had to be stricken because the prosecution failed to comply with the provisions of Health and Safety Code sections 11470.1 and 11470.2, which set forth the application procedures for recovery of eradication expenses. The appellate court found the claim waived because neither appellant objected in the trial court. The unauthorized sentence exception is inapplicable here because the county does have the authority to impose the payment condition. Both appellants had notice and an opportunity to contest the expenses and invoke their statutory rights under section 11470.2, and neither did so. Therefore, the waiver doctrine precludes appellate review.