Does the forfeiture rule apply to a defendant who has forfeited his argument regarding the probation report fees?

While the forfeiture rule might seem inconsistent with Penal Code section 1203.1b and its requirement of a knowing and intelligent waiver of hearing on the ability to pay, the waiver requirement has been found not to apply to appellate review. (See People v. Valtakis, supra, 105 Cal.App.4th at p. 1075.) "[S]ection 1203.1b and other recoupment statutes reflect a strong legislative policy in favor of shifting costs arising from criminal acts back to convicted defendants and replenishing public coffers from the pockets of those who have directly benefited from county expenditures." (People v. Bradus (2007) 149 Cal.App.4th 636, 643.) It would be inconsistent with this legislative policy to permit convicted defendants to stand silently by, and to raise the issue for the first time on

Page 7

appeal, thus draining both appellate and trial court resources in the process. (People v. Valtakis, supra, 105 Cal.App.4th at p. 1076.) On this record, defendant has forfeited his argument regarding the probation report fees.