People v. Fandinola

In People v. Fandinola (2013) 221 Cal.App.4th 1415, the Court held section 1203.1b did not authorize imposition of a probation supervision fee because that provision, by its terms, applied to cases "'in which a defendant is granted probation or given a conditional sentence'" and mandatory supervision "is not a grant of probation or a conditional sentence." (Id. at p. 1422.) However, as the Court also explained in Fandinola, while probation and mandatory supervision are not interchangeable, section 1170, subdivision (h)(5)(B)(i), provides a defendant ordered to mandatory supervision "'shall be supervised by the county probation officer in accordance with the terms, conditions, and procedures generally applicable to persons placed on probation.'" (Fandinola, supra, 221 Cal.App.4th at p. 1422.)