California, United States of America
The following excerpt is from People v. Jones, C083261 (Cal. App. 2018):
Here, counsel may have opted not to object for a variety of reasons. He may have known of defendant's ability to pay: the record indicates defendant had a car, a cell phone, and had retained counsel at both sentencing hearings. Moreover, counsel may have deemed an objection futile given that a court may consider future earnings in finding an ability to pay. (People v. Frye (1994) 21 Cal.App.4th 1483, 1487 [" 'Ability to pay does not necessarily require existing employment or cash on hand' "].) The record does not show that counsel was deficient.
The judgment is affirmed.
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