P. v. Fernandez
Appellant, Juan Nava Fernandez, was granted probation following his convictions for transportation of methamphetamine (Health & Saf. Code, 11379. subd. (a)) and two misdemeanor Vehicle Code violations. At sentencing, the court ordered appellant to pay $401 for the cost of preparation of the presentence report and $40 per month in probation supervision fees. However, the probation officer had not made a determination of the ability of the defendant to pay all or a portion of the reasonable cost of probation supervision and the preparation of the report as required by Penal Code section 1203.1b, subdivision (a). Appellant was also not advised of his statutory right to a hearing on his ability to pay and the payment amount. (Pen. Code, 1203.1b, subd. (a).) Appellant argues the trial court erred in ordering him to make these probation-related payments without first inquiring into his ability to pay. Thus, appellant contends, the order to pay these costs must be stricken.
Appellant is correct that these requirements imposed by Penal Code section 1203.1b were not met. Nevertheless, appellant did not object to the probation-related fees in the trial court. The failure to object to statutory error in the imposition of a probation fee under Penal Code section 1203.1b in the trial court waives the matter for purposes of appeal. (People v. Valtakis (2003) 105 Cal.App.4th 1066, 1072.)
The judgment is affirmed.
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