Penal Code Section 1203.1 - Example Case

In People v. Valtakis (2003) 105 Cal.App.4th 1066, the defendant entered a negotiated plea. The probation report recommended that defendant be ordered to pay a probation fee of $ 250 pursuant to Penal Code section 1203.1. The report did not contain a determination of defendant's ability to pay and also did not contain an advisement of a right to a separate hearing on that issue. At sentencing the defendant sought probation and told the court that he had straightened out his life, was enrolled in college, and was working part time. In addition to other fees, defendant was ordered to pay a probation service fee of $ 250, although this fee was "not part of his probationary grant." Neither defendant nor his counsel objected to the imposition of the fee. on appeal he claimed the fee was imposed without compliance with Penal Code section 1203.1b. (Valtakis, supra, at pp. 1068-1069.) The appellate court found that the defendant had waived the claim of failure to comply with Penal Code section 1203.1b by failing to object in the trial court. The appellate court noted that defendant had notice of the fee and the amount specified in the report in advance of sentencing. (People v. Valtakis, supra, 105 Cal.App.4th at p. 1071.) Alternatively, the court held that the record did not suggest that defendant would be unable to pay the fee.