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People v. Trujillo

Supreme Court of California

January 12, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
DONNA MARIE TRUJILLO, Defendant and Appellant

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Superior Court of Santa Clara County, No. C1199870, Linda R. Clark, Judge. Court of Appeal, Sixth Appellate District, No. H038316.

Randall Conner, under appointment by the Supreme Court, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Laurence K. Sullivan, Catherine A. Rivlin and Gregg E. Zywicke, Deputy Attorneys General, for Plaintiff and Respondent.

Opinion by Werdegar, J., with Cantil-Sakauye, C. J., Chin, Corrigan, Liu, JJ., Baxter, J.,[*] and Franson, J.,[] concurring.

OPINION

[340 P.3d 372] [182 Cal.Rptr.3d 144] WERDEGAR, J.--

In this case, and in the companion case of People v. Aguilar (2015) 60 Cal.4th 862 [___ Cal.Rptr.3d ___, ___ P.3d ___], we address questions related to People v. McCullough (2013) 56 Cal.4th 589 [155 Cal.Rptr.3d 365, 298 P.3d 860], which held that a defendant forfeits an appellate challenge to the sufficiency of evidence supporting a jail booking fee imposed under Government Code section 29550.2, subdivision (a), [182 Cal.Rptr.3d 145] if the fee is not first challenged in the trial court. Here we determine if the forfeiture rule applies in the context of an order that defendant pay probation supervision and presentence investigation fees imposed under Penal Code

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section 1203.1b, [1] [340 P.3d 373] which prescribes specific procedures for imposition of such fees. Although at trial defendant neither objected to the fees nor asserted an inability to pay them, the Court of Appeal reversed the order of payment and remanded with directions that the trial court follow the procedure prescribed in section ...


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