P. v. Young
A jury convicted appellant of possession of methamphetamine (Health and Saf. Code, S 11377, subd. (a)) and possession of drug paraphernalia (Health and Saf. Code, S 11364). The court suspended imposition of sentence and placed appellant on three years' probation, with various terms and conditions,including that she pay $40 per month in probation supervision costs.
On appeal, appellant's sole contention is that the court erred in imposing the probation costs condition. Specifically, she argues that (1) the court made various procedural errors, including failing to conduct a hearing on the issue of appellant's ability to pay probation supervision costs; (2) the evidence was insufficient to support a finding that appellant had the ability to pay those costs; and (3) although a defendant who is granted probation may be ordered to pay the costs of probation supervisionif he or she is financially able to do so, payment of such costs cannot be made a condition of probation. Court modify the judgment to provide that the probation costs condition is deleted from the conditions of probation and affirm the order that appellant pay such costs.
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