People v. Robinson

Opinion

SIMS, Acting P. J. Defendant James William Robinson entered a negotiated plea of guilty to robbery (Pen. Code, §211)1 and admitted he personally used a firearm in commission of the offense (§ 12022.53, subd. (b)). The trial court sentenced him to state prison for an aggregate term of 13 years.

The sole issue on appeal arises from the trial court’s order that defendant reimburse the county for $358 in costs incurred in the preparation of the presentence probation report. (See § 1203.1b.) Defendant claims the order is unauthorized under section 1203.1b because the statute does not [904]apply to cases in which a defendant is sentenced to state prison. We disagree and shall affirm the judgment.2

Discussion

Section 1203.1b provides, in pertinent part: “In any case in which a defendant is convicted of an offense and is the subject of any preplea or presentence investigation and report, whether or not probation supervision is ordered by the court, and in any case in which a defendant is granted probation or given a conditional sentence, the probation officer, or his or her authorized representative, taking into account any amount that the defendant is ordered to pay in fines, assessments, and restitution, shall make a determination of the ability of the defendant to pay all or a portion of the reasonable cost of any probation supervision or a conditional sentence, of conducting any preplea investigation and preparing any preplea report pursuant to Section 1203.7, of conducting any presentence investigation and preparing any presentence report made pursuant to Section 1203, and of processing a jurisdictional transfer pursuant to Section 1203.9 or of processing a request for interstate compact supervision pursuant to Sections 11175 to 11179, inclusive, whichever applies.” (§ 1203.1b, subd. (a), italics added.) The statute sets forth additional procedures for court-ordered recovery of these expenses.

The parties emphasize different portions of the italicized language. Defendant emphasizes the reference to “any case in which a defendant is granted probation or given a conditional sentence” and claims the statute is limited to these types of cases. He cites People v. Montano (1992) 6 Cal.App.4th 118, 123 [8 Cal.Rptr.2d 136], which considered an earlier version of the statute. The People note, however, that the statute was amended in 1993 to include the language referring to “whether or not probation supervision is ordered by the court.” (Stats. 1993, ch. 502, § 1, p. 2624.) Defendant claims the additional language merely emphasizes that the statute now applies not only to cases in which probation supervision is ordered, but also to cases in which a defendant receives a conditional sentence.