Does Defendant have a right to an ability-to-pay hearing?
California, United States of America
The following excerpt is from People v. Garth, E061025 (Cal. App. 2015):
his opening brief, defendant argued that he was entitled to, but did not receive, an ability-to-pay hearing. Defendant now concedes that under the recent case of People v. Trujillo (2015) 60 Cal.4th 850, published after he filed his opening brief, he forfeited his right to an ability-to-pay hearing by failing to raise the issue with the trial court.
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