Does a failure to object to the imposition of a fine on appeal constitute a waiver of the issue on appeal?
California, United States of America
The following excerpt is from Steven F., In re, 21 Cal.App.4th 1070, 26 Cal.Rptr.2d 604 (Cal. App. 1994):
2 In People v. McMahan (1992) 3 Cal.App. 4th 740, 750, 4 Cal.Rptr.2d 708, this court held that failure to object to the imposition of a fine which may be imposed only when the defendant has the ability to pay constitutes a waiver of the issue on appeal. For reasons that will appear, we do not apply that rule in this case.
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