People v. Willis CA3

Filed 11/26/14 P. v. Willis CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE,

Plaintiff and Respondent, C075537

v. (Super. Ct. No. 62117498)

WILBUR LAMAR WILLIS,

Defendant and Appellant.

Defendant Wilbur Lamar Willis is a registered sex offender. Following a court trial, the trial court convicted him of failing to file a change of address (Pen. Code, § 290.013, subd. (a) -- count one)1 and misdemeanor resisting a peace officer (§ 148, subd. (a)(1) -- counts two and three). The trial court dismissed defendant’s prior strike conviction, sentenced him to 16 months in state prison, and ordered him to pay various

1 Undesignated statutory references are to the Penal Code.

1

fines and fees, including a $350 fee for the cost of the probation department’s presentence investigation and report. Defendant now contends the trial court erred in ordering him to pay the $350 probation fee because (1) the probation department did not give him notice of his right to a hearing as required by section 1203.1b, and he did not waive his right to a hearing; and (2) there is insufficient evidence to support an implied finding of his ability to pay the cost of the probation department’s presentence investigation and report. We agree with the Attorney General that defendant forfeited his contentions because he failed to object in the trial court. We will affirm the judgment. DISCUSSION Given the contentions on appeal, it is not necessary to set forth the underlying facts pertaining to defendant’s convictions. We will include background facts relevant to defendant’s contentions in our discussion. Section 1203.1b provides for the imposition of certain fees, including a fee for the reasonable cost of conducting a presentence investigation or preparing a presentence report. (§ 1203.1b, subd. (a).) As relevant to this appeal, section 1203.1b requires the probation officer to determine a defendant’s ability to pay the reasonable cost of the presentence investigation and report, to inform the defendant of his right to a hearing regarding his ability to pay, and to refer the matter to the trial court for a hearing unless the defendant expressly waives his right to a hearing. (§ 1203.1b, subds. (a) & (b).) A Defendant claims the trial court erred in ordering him to pay the $350 probation fee because the probation department did not give him notice of his right to a hearing as required by section 1203.1b, and defendant did not waive his right to a hearing. It is true that here, there is no indication in the record that the probation department informed defendant of his right to a hearing regarding his ability to pay, and no indication that defendant waived such a hearing.