Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Tuolumne County No. CRF23899 William G. Polley, Judge.
Stephen Merritt Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis Vasquez and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.
OPINION
Before Cornell, Acting P.J., Gomes, J., and Kane, J.
Appellant, Michelle Renee Isley, pled guilty to possession for sale of cocaine (Health & Saf. Code, § 11351). On appeal, Isley contends the court erred in ordering her to pay a probation report fee of $580.25 and a monthly probation supervision fee of $31. We will affirm.
FACTS
On April 27, 2007, Tuolumne County Sheriff deputies conducted a probation search at the house where Isley lived with Brandon King and found a baggie containing a large amount of cocaine in a laundry hamper. The deputies searched Isley’s purse and found a ziplock bag containing marijuana and a white paper bag containing methadone pills.
On May 2, 2007, the district attorney filed a complaint charging Isley with possession for sale of cocaine, possession for sale of methadone, and possession for sale of marijuana (Health & Saf. Code, § 11359).
On February 25, 2008, Isley pled guilty to the possession for sale of cocaine charge in exchange for the dismissal of the remaining counts.
On April 14, 2008, the court placed Isley on probation for five years on condition that she serve six months local time. Additionally, the court, without objection, ordered Isley to pay a probation report fee of $580.25.
DISCUSSION
Isley contends the court erred in ordering her to pay $580.25 probation report fee and a $31 monthly probation supervision fee without considering her ability to pay. We will reject this contention.
“Section 1203.1, subdivision (a), authorizes a court to impose fines when it suspends the imposition or execution of sentence and grants probation, and section 1203.1b specifically authorizes the recoupment of certain costs incurred for probation and the preparation of preplea or presentence investigations and reports on the defendant’s amenability to probation. As amended by 1995 legislation (Stats. 1995, ch. 36, § 1, pp. 109-110), the section requires determinations of amount and ability to pay, first by the probation officer, and, unless the defendant makes ‘a knowing and intelligent waiver’ after notice of the right from the probation officer, a separate evidentiary hearing and determination of those questions by the court.” (People v. Valtakis (2003) 105 Cal.App.4th 1066, 1070.)
In Valtakis, the court held that the defendant’s failure to object to the probation report fee in the trial court forfeited the claim on appeal. (People v. Valtakis, supra, 105 Cal.App.4th at p. 1076.) In accord with Valtakis we conclude that by her failure to object in the trial court, Isley forfeited her right to challenge the trial court’s order requiring her to pay a $580.25 probation report fee and $31 monthly probation supervision fee.
DISPOSITION
The judgment is affirmed.