P. v. Shade
Defendant Stephen Michael Shade entered a plea of no contest to felony driving under the influence of alcohol (Veh. Code, 23152, subd. (a)) with three prior convictions in exchange for a state prison sentencing lid of the midterm of two years and the dismissal of the remaining counts and allegations. The court denied probation and sentenced defendant to state prison for two years. The court ordered defendant to pay various fees and fines including $500 for the cost of the preparation of the presentence report. On appeal, defendant challenges the courts order that he pay the cost of the presentence report, arguing that the trial court failed to comply with the procedural requirements of a separate hearing and a determination of defendants ability to pay. Defendant claims that the probation report, in recommending that the court order the $500 fee, did not evaluate defendants ability to pay. Defendant also claims that the record does not reflect that he waived his rights. Defendant further states: More importantly, the record does not show that the trial court conducted any evaluation of [defendants] ability to pay the cost of probation supervision. (Italics added.) Prior to the imposition of fees and fines, defendants attorney opined that defendants ability to pay any fees and fines would be nonexistent and requested that the court waive some of the discretionary ones. The prosecutor commented that the list of fees and fines in the probation report look[ed] like a too short list and that usually theres quite a bit more imposed.
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