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Name: People v. Snow
Case #: C068833
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/26/2013
Summary

Failure to object that insufficient evidence supports an order for payment of probation supervision fee and presentence investigation report fee results in forfeiture of the issue on appeal. Appellant was granted five years of probation and ordered to pay a presentence investigation report fee and a monthly probation supervision fee. The probation report included a discussion of appellant’s financial status and the recommendation for payment of the fees. At sentencing, appellant did not object to the order for payment of the fees. Based on the reasoning of People v. McCullough (2013) 56 Cal.4th 589, 598, the court found appellant forfeited his claim. McCullough held that a defendant “who does nothing to put at issue the propriety of imposition of a booking fee forfeits the right to challenge the sufficiency of the evidence to support imposition of the booking fee on appeal . . . .” Here, appellant had adequate notice that the fees would be imposed, but he did not object orally or in writing, nor did he request a hearing on the issue.