P. v. Chauncey CA1/2
Having pled guilty to second degree burglary and receiving stolen property, defendant Richard Chauncey was admitted to probation upon specified conditions, one of which was that he serve 90 days in the county jail. He was given 38 days of actual custody credits (Pen. Code, § 2900.5), which both sides agree should be 39. Over his objection, defendant was also ordered to pay $150 for the probation officer’s presentence report (Pen. Code, § 1203.1b, subd. (a)). This order he contends should be stricken because there is not substantial evidence that he had the ability to pay it.
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