In re L.G. CA3

Filed 10/27/14 In re L.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

In re L.G., a Person Coming Under the Juvenile Court C075845 Law.

THE PEOPLE, (Super. Ct. No. 70187)

Plaintiff and Respondent,

v.

L.G.,

Defendant and Appellant.

The juvenile court sustained a petition filed pursuant to Welfare and Institutions Code section 602, subdivision (a)1 finding L.G. (the minor) unlawfully took and drove her great-grandmother’s car. (Veh. Code, § 10851, subd. (a).) The court placed the

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1

minor on house arrest for 60 days and committed her to 30 days of juvenile detention, suspended pending a school review. The court also imposed a $25 general fund fine pursuant to section 731, subdivision (a)(1) (section 731 fine), plus penalty assessments of $66.88 against the minor and her mother pursuant to Penal Code section 1464. The minor appeals the dispositional order, contending the section 731 fine and associated mandatory penalty assessments must be stricken because there is insufficient evidence of ability to pay. We disagree and affirm the dispositional order. DISCUSSION2 The minor claims that since the juvenile court found she did not have the ability to pay the costs of her public defender, ipso facto there is insufficient evidence that she has the ability to pay the section 731 fine. Further, based solely on her contention that the section 731 fine must be stricken, she contends the associated mandatory penalty assessments must also be stricken. The People contend the minor’s claims are forfeited. We conclude the trial court’s finding that the minor was not able to pay the cost of counsel does not preclude an implicit finding that the minor had the ability to pay the section 731 fine. Thus the minor’s failure to object to the section 731 fine results in a forfeiture of that contention on appeal. Section 731, subdivision (a)(1) provides that a court may order a minor adjudged a ward of the court pursuant to section 602 to “pay a fine up to two hundred fifty dollars ($250) for deposit in the county treasury if the court finds that the minor has the financial ability to pay the fine.” Here, the probation report recommended that the minor and her guardian (which the juvenile court limited to her mother) be ordered “to pay a fine in the amount of $25.00 . . . per [section 731, subd. (a)(1)]” and also be ordered to pay “an