Lack of Notice Cases In California

In People v. Whisenand (1995) 37 Cal.App.4th 1383, the court found the lack of notice both waived by failure to object and in any event nonprejudicial, because the trial court had made its order based on evidence of ability to pay it received at a restitution hearing, in which the defendant participated. (Id. at pp. 1395-1396.) Finally, in People v. Klockman (1997) 59 Cal.App.4th 621, a claim of no hearing failed because the defendant had waived a hearing when the trial court offered to reduce the fee assessment. the reviewing court also stated that a notice claim was barred by failure to object below. (Id. at p. 628.) In People v. Phillips (1994) 25 Cal.App.4th 62, the defendant claimed a deprivation of notice. After characterizing the trial court' s failure to give notice of the reimbursement hearing as "clearly not the better practice" (id. at p. 74), the court ruled that the probation report's listing of attorney fees as a possible issue at sentencing provided sufficient notice of the hearing that there occurred. (Id. at p. 75.)