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Name: People v. Hoover
Case #: B229598
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/19/2011

Under Penal Code section 1203.1b, the court is not limited to a time period in setting the length of time in which defendant must make payments of probation fees. Appellant was placed on three years probation after pleading no contest to transportation of cocaine. A hearing pursuant to Pen. Code sec. 1203.1b was held on appellant’s ability to pay probation investigation and supervision fees and appellant represented that he had not worked since December 2009, at which time he earned only $9.50 an hour, and, further, that he would be unemployed during the 61 days he would be in jail, serving a court-ordered condition of probation. The trial court considered that appellant possessed a car and cell phone and lived in an expensive neighborhood and imposed the $1,375 probation investigation fee and $90 a month probation supervision fee, but found that appellant had an ability to pay only $30 a month and ordered that amount. The appellate court rejected appellant’s argument that the order was inconsistent and found that, although section 1203.1b limited the period of time in which a court can consider a defendant’s ability to pay to one year, there is no limitation as to the time for making the payments.