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The People v. Jose Luis Vasquez

January 3, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOSE LUIS VASQUEZ, DEFENDANT AND APPELLANT.



(Super. Ct. No. 06F04563)

The opinion of the court was delivered by: Butz , J.

P. v. Vasquez

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After being charged with the murder of a three-year-old boy, defendant Jose Luis Vasquez, pursuant to a plea agreement, pleaded no contest to four counts of aggravated corporal punishment and willful injury of a child, and was sentenced to 16 years eight months in state prison.

On appeal, defendant contends the trial court erroneously ordered him to pay $702 for the cost of preparing the presentence probation report, without determining whether he had the ability to pay that cost.

Because defendant failed to object to the imposition of this cost in the trial court, we conclude he has forfeited this claim on appeal. We also reject defendant's alternative claim of ineffective assistance of counsel for this failure to object. We therefore shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

There was strong evidence that defendant inflicted fatal blunt force on the three-year-old victim, and that defendant had a history of physically abusing the child. An autopsy revealed the child suffered from a lacerated liver, a torn pancreas, and a bruised lung. The pathologist opined that the child died from blunt force trauma to the abdomen.

Defendant was 16 years old at the time of the fatal incident, but was charged as an adult.

DISCUSSION

Ordering Defendant to Pay the Cost of the Presentence ...


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