Does section 987.8(b) of the California Criminal Code require a motion by the Court of Appeal to remand a case back to the trial court?

California, United States of America


The following excerpt is from People v. Flores, 135 Cal.Rptr.2d 63, 30 Cal.4th 1059, 69 P.3d 979 (Cal. 2003):

In summary, we conclude that the provision of section 987.8(b) in question, allowing a trial court to hold a second hearing within six months of "the conclusion of the criminal proceedings" to determine a defendant's present ability to reimburse the cost of the legal assistance provided, was not intended to limit the authority of an appellate court 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. Turner, supra, 15 Cal. App.4th 1690, 19 Cal.Rptr.2d 736, and People v. Faatiliga, supra, 10 Cal.App.4th 1276, 13 Cal.Rptr.2d 190, are disapproved insofar as they are inconsistent with this conclusion.

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