California, United States of America
The following excerpt is from People v. Ojeda, G049758 (Cal. App. 2015):
Penal Code section 987.8, subdivision (b), provides in pertinent part: "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. . . ." (Italics added.) If the court orders the payment of attorney fees without affording the defendant a hearing on his or her ability to pay, the appellate court has the authority "to remand a case to the trial court for the correction of its error in failing to give a defendant the notice and hearing required by the statute." (People v. Flores (2003) 30 Cal.4th 1059, 1068.)
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