P. v. Gilbert CA1/2
Defendant Joshua W. Gilbert appeals from certain fee orders made by the trial court at sentencing upon placing him on probation. He contends that although his defense counsel properly objected, the trial court ordered him to pay two probation fees and a booking fee without first fulfilling the requirements that it determine whether or not he had the ability to pay these fees. The People argue defendant has forfeited his claim about the probation fees and that in any event the trial court made an implied finding that he was able to pay them, and that the booking fee was reasonable. We agree with defendant. We vacate the trial court’s orders regarding the challenged fees and remand this matter to the court for further proceedings consistent with this opinion.
Comments on P. v. Gilbert CA1/2