Can a criminal defendant who has received legal representation at public expense be ordered to pay the county's defense costs?

Section 987.8 authorizes a trial court, on a discretionary basis, to order a criminal defendant who has received legal representation at public expense to reimburse some or all of the county's costs. (People v. Viray (2005) 134 Cal.App.4th 1186, 1213.) As we

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have previously observed, however, "[t]he specific language of section 987.8 expressly requires a finding of present ability to pay for defense costs." (People v. Nilsen (1988) 199 Cal.App.3d 344, 350.) In pertinent part, the statute provides as follows: "In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, . . . the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. [] . . . [] If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant's financial ability." ( 987.8, subds. (b), (e), italics added.)