P. v. Martin
Filed 6/15/06 P. v. Martin CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. COREY LYNN MARTIN, Defendant and Appellant. | A110345 (Napa County Super. Ct. No. CR119780) |
Defendant Corey Lynn Martin entered a plea of no contest to one count of possession of marijuana for sale (Health & Saf. Code, § 11359). In accordance with the terms of the plea, the court suspended imposition of sentence, and placed defendant on probation for three years, on condition that he serve 30 days in county jail. The court also required, as a condition of probation, that defendant pay a presentence report fee of $560 pursuant to Penal Code section 1203.1b,[1] subdivision (b), and pay an annual probation supervision fee in an amount not to exceed $240, upon ability to pay.
Defendant first contends that the court ordered him to pay probation fees and costs without any evidence to support a finding that he had the ability to pay. The court must determine that the defendant is financially able to pay probation costs. (§ 1203.1b, subd. (a); People v. Hall (2002) 103 Cal.App.4th 889, 892.) â€
