Does the failure to conduct a hearing to determine whether a defendant can pay for appointed counsel fees under Penal Code section 987.8 require a remand?
California, United States of America
The following excerpt is from People v. Cheatham, E048322 (Cal. App. 12/23/2009), E048322 (Cal. App. 2009):
The failure to conduct a hearing to determine whether a defendant can pay for appointed counsel fees under Penal Code section 987.8 requires a remand for such a hearing. (See People v. Flores (2003) 30 Cal.4th 1059, 1068-1069 [where trial court fails to conduct hearing on defendant's ability to pay under Penal Code section 987.8, appellate court properly remands to allow the trial court to make an informed decision].)
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