People v. Almanza ,
District: 4 DCA , Division: 2 , Case #: E053366
Opinion Date: 6/26/2012 , DAR #: 8833
Case Holding:
Government Code section 29550.1, authorizing imposition of a booking fee, contains no ability to pay requirement and does not contemplate an evidentiary showing in the trial court to determine the amount of the fee. Appellant contended that he was ordered to pay a booking fee without the court first determining his ability to pay. The People responded that the issue was forfeited because appellant did not object to the fee. (The forfeiture issue is pending, see People v. McCullough, S192513, rvw. granted 6/29/2011.) Nevertheless, the court agreed to hear the matter and found that the fee must have been imposed under section 29550.1, as appellant was arrested by a city police officer, and section 29550.1 contains no ability to pay requirement (compare section 29550.2). Additionally, since the statute holds that determination of the fee is directed to the county imposing the fee, it does not contemplate an in-court evidentiary hearing to determine the amount of the fee. In this case, the appellate court took judicial notice of the Riverside Board of Supervisor's minutes establishing the amount of the fee.
Opinion Date: 6/26/2012 , DAR #: 8833
Case Holding:
Government Code section 29550.1, authorizing imposition of a booking fee, contains no ability to pay requirement and does not contemplate an evidentiary showing in the trial court to determine the amount of the fee. Appellant contended that he was ordered to pay a booking fee without the court first determining his ability to pay. The People responded that the issue was forfeited because appellant did not object to the fee. (The forfeiture issue is pending, see People v. McCullough, S192513, rvw. granted 6/29/2011.) Nevertheless, the court agreed to hear the matter and found that the fee must have been imposed under section 29550.1, as appellant was arrested by a city police officer, and section 29550.1 contains no ability to pay requirement (compare section 29550.2). Additionally, since the statute holds that determination of the fee is directed to the county imposing the fee, it does not contemplate an in-court evidentiary hearing to determine the amount of the fee. In this case, the appellate court took judicial notice of the Riverside Board of Supervisor's minutes establishing the amount of the fee.
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