P. v. Cal
In case No. CM032589, defendant Jemaury Deandre Cal pleaded no contest to first degree burglary (Pen. Code, § 459; further statutory references are to this code), with an enhancement for committing the offenses while someone was present in the residence (§ 667.5, subd. (c)(21)). In case No. CM032649, defendant pleaded no contest to receiving stolen property. (§ 496, subd. (a).) In addition, defendant was found to be in violation of his probation in case No. CM030856, a misdemeanor theft offense. Probation was denied and defendant was sentenced to serve a term in state prison of four years eight months. Defendant was ordered to pay various fines and fees, including a $10 fine plus assessment penalties pursuant to section 1202.5.
Defendant appeals, claiming the trial court erred by imposing a fine under section 1202.5 without determining whether he had the ability to pay it. As defendant did not object at the time the fine was imposed, we conclude the issue has been forfeited.
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