In re Fernando M.
A petition filed in the juvenile court alleged Fernando M. came within the provisions of Welfare and Institutions Code section 602[1] based on the allegation of one count of misdemeanor indecent exposure (Pen. Code, § 314, subd. (1)). After a trial on the issue, the court sustained the allegation.
At the disposition hearing, the court decided to "follow probation's recommendation[s]," which included: (1) continued wardship; (2) care, custody, and control of Fernando under the supervision of the probation officer; (3) detention in juvenile hall pending a Breaking Cycles reassessment; (4) a discretionary fine in the amount of $60 (§ 730.5); and (5) a mandatory fine in the amount of $50 (§ 730.6).
Fernando contends imposition of the $60 fine was never orally pronounced by the court at the disposition hearing and should therefore be stricken. He further contends the imposition of the $60 fine is in error because the court did not consider his ability to pay it. We conclude that the court did pronounce imposition of the fine because it was a part of the probation report's recommendations and Fernando forfeited his claim regarding his ability to pay the fine.
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