People v. Boselly CA4/1

California Court of Appeal Oct 15, 2015 No. D066810Unpublished

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Holding. The court held that a $50 laboratory fee was unauthorized because the offense was not a drug case and that the order for probation supervision costs was unsupported by substantial evidence of the defendant's ability to pay.

Issues

Whether a laboratory fee is authorized for a non-drug offense.
Whether the trial court erred in ordering probation supervision costs without evidence of the defendant's ability to pay.
Whether the defendant forfeited the challenge to probation supervision costs by failing to sufficiently raise the issue at sentencing.

Disposition. Affirmed as modified.

Quotations verified verbatim against the opinion

“The respondent properly agrees the fee was unauthorized. We will direct the court to strike the laboratory fee.”

“In this case there is virtually no evidence that could support an implied finding that Boselly had or will have the ability to pay the costs of probation supervision.”

“There is no basis for application of the forfeiture doctrine in this case.”

Filed 10/15/15 P. v. Boselly CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066810

Plaintiff and Respondent,

v. (Super. Ct. No. JCF31360)

MATTHEW BOSELLY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Poli Flores,

Jr., Judge. Affirmed as modified.

Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr. and Marilyn L.

George, Deputy Attorneys General, for Plaintiff and Respondent.

Pursuant to a plea agreement, Matthew Boselly entered a no contest plea to one

count of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)). Boselly was

granted probation subject to certain terms and conditions.

Boselly challenges two of the probation conditions. First, he contends the $50

laboratory fee was unauthorized as this was not a drug case. The respondent properly

People v. Boselly CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066810

MATTHEW BOSELLY,

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DISCUSSION

DISPOSITION

HUFFMAN, J.

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