P. v. Garcia CA5
Defendant was granted three years of probation after a jury convicted him of assaulting his father and sister. He contends on appeal the trial court erred in (1) including marijuana in the list of prohibited substances as a condition of probation and (2) imposing fines, fees, and assessments without determining whether defendant had the ability to pay them. The People argue that defendant forfeited both issues by failing to object when the trial court imposed the probation conditions and the fines, fees, and assessments. We agree and affirm the judgment.
The District Attorney of Kern County filed an information on June 10, 2020, charging Alejandro Garcia with felony assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1) and misdemeanor assault (§ 241, subd. (a); count 2). As to count 1, the information alleged that defendant had a prior serious or violent felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (c)–(j), 1170.12, subds.
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