Is a defendant's failure to object to the imposition of section 1203.1c incarceration costs invalid on appeal?

found that the failure to object to these fees forfeits the argument of an inability to pay on appeal. (People v. Aguilar (2015) 60 Cal.4th 862, 866; People v. Trujillo (2015) 60 Cal.4th 850, 857-858.)⁵

Defendant also states that the section 1203.1c incarceration costs should be stricken based on his inability to pay. We note that such fee could not be imposed because defendant was sentenced to state prison. Section 1203.1c provides in relevant part that if "a defendant is convicted of an offense and is ordered to serve a period of confinement in a county jail, city jail, or other local detention facility as a term of probation or a conditional sentence," the court may order the defendant to pay "the reasonable costs of such incarceration, including incarceration pending disposition of the case." Since defendant was sentenced to state prison, section 1203.1c does not apply. Despite defendant not raising the issue that the imposition of the fee was unauthorized, we can strike the fee for the first time on appeal. (People v. Smith (2001) 24 Cal.4th 849, 854 [reviewing courts can strike unauthorized sentence at any time].)