P. v. Lobato
After his motion to suppress evidence (Pen. Code, § 1538.5)[1] was denied, defendant Joe Nestor Lobato pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). The trial court suspended imposition of sentence and placed defendant on probation for two years. The court also ordered defendant to pay a probation supervision fee of up to $110 per month.
On appeal, defendant contends that the trial court erred in denying his motion to suppress evidence. He argues that he was detained without reasonable suspicion, in violation of the Fourth Amendment of the United States Constitution. Defendant also contests the probation supervision fee, claiming there was insufficient evidence of his ability to pay the fee. He argues that trial counsel rendered ineffective assistance for failing to object to the probation supervision fee. As we will explain, we will reverse and remand the judgment so that the trial court may determine the defendant’s ability to pay the probation supervision fee.
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