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People v. Granados

California Court of Appeals, First District, Fifth Division
Apr 29, 2009
No. A123146 (Cal. Ct. App. Apr. 29, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. BRYAN SCOTT GRANADOS, Defendant and Appellant. A123146 California Court of Appeal, First District, Fifth Division April 29, 2009

NOT TO BE PUBLISHED

Marin County Super. Ct. No. SC160176

Jones, P.J.

INTRODUCTION

Appellant Bryan Scott Granados pleaded guilty to resisting an executive officer (Pen. Code, § 69). The trial court suspended imposition of sentence and placed appellant on probation for three years. The court imposed various conditions of probation, including one which required appellant to pay a $350 probation supervision fee pursuant to Penal Code section 1203.1b.

Penal Code section 1203.1b, subdivision (a) authorizes a trial court to make an order for the payment of the costs of probation supervision, subject to the defendant’s ability to pay.

DISCUSSION

On appeal, appellant contends the court erred by requiring him to pay a probation supervision fee as a condition of probation because fees and costs imposed for supervising probation cannot be made “a condition of probation.” The People concede “modification of the imposition of probation fees may be appropriate.”

We agree. “‘Although the trial court is statutorily authorized to make respective orders for the payment of appointed attorney fees and for the costs of probation, depending on a defendant’s ability to pay, such costs and fees cannot legally be imposed as conditions of probation.’” (People v. Flores (2008) 169 Cal.App.4th 568, 578, quoting People v. Bradus (2007) 149 Cal.App.4th 636, 641; see also, People v. Hart (1998) 65 Cal.App.4th 902, 907 [“costs of probation imposed pursuant to section 1203.1b may not be a condition of probation as the costs are collateral and the statute itself provides for enforcement of the order by civil collection.... Thus, the trial court may order defendant to pay for costs of probation and attorney fees, but may not condition defendant’s grant of probation upon payment thereof”].)

Because the court’s order could be construed to improperly require appellant to pay the probation supervision fee as a condition of probation, we grant appellant’s request to “‘modify the order granting probation to clarify that payment of those costs and fees is not a condition of probation but rather an order of the court entered at judgment.’” (See Flores, supra, 169 Cal.App.4th at p. 578, quoting Hart, 65 Cal.App.4th at p. 907.)

DISPOSITION

The court’s probation order is modified to eliminate any requirement that appellant pay the probation supervision fee as a condition of probation. The court’s order that appellant pay such fee, however, is affirmed. In all other respects the judgment is affirmed.

We concur: Simons, J., Needham, J.


Summaries of

People v. Granados

California Court of Appeals, First District, Fifth Division
Apr 29, 2009
No. A123146 (Cal. Ct. App. Apr. 29, 2009)
Case details for

People v. Granados

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. BRYAN SCOTT GRANADOS, Defendant…

Court:California Court of Appeals, First District, Fifth Division

Date published: Apr 29, 2009

Citations

No. A123146 (Cal. Ct. App. Apr. 29, 2009)