Does the Attorney General have the authority to grant an ability to pay at the sentencing of a defendant?

California, United States of America


The following excerpt is from People v. Greeley, H047281 (Cal. App. 2021):

Preliminarily, the Attorney General argues that defendant has forfeited her claim of error because her sentencing hearing took place on May 10, 2019, several months after Dueas was decided. We agree. In general, a defendant who fails to object to the imposition of fines, fees, and assessments at sentencing forfeits the right to challenge those fines, fees, and assessments on appeal. (People v. Aguilar (2015) 60 Cal.4th 862, 864; People v. Trujillo (2015) 60 Cal.4th 850, 853-854.) At the time of defendant's sentencing hearing, Dueas had already been decided, and there is no reason why defendant could not have requested an ability-to-pay hearing based on Dueas. Indeed, immediately prior to the hearing in this case, defendant pleaded no contest and was sentenced in an unrelated misdemeanor case in which she requested and received an

ability-to-pay hearing based on Dueas. Defendant's apparent decision to not raise the issue at the felony sentencing hearing forfeits her arguments on appeal.

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