Is a defendant entitled to a noticed hearing to determine whether he has the ability to pay the attorney fees under section 987.8?
California, United States of America
The following excerpt is from People v. Franco, E061412 (Cal. App. 2015):
Section 987.8, subdivision (b), entitled defendant to a noticed hearing to determine his "present ability" to pay the attorney fees. ( 987.8, subd. (b); People v. Prescott (2013) 213 Cal.App.4th 1473, 1476.) Although the presentence probation report put defendant on notice that the probation department recommended an attorney fee award, it does not appear that he received notice that the court would conduct a hearing to determine his ability to pay the fee. Moreover, the trial court did not either expressly or impliedly find whether defendant had the ability to pay.
Ordinarily, the appropriate remedy would be to remand the matter to the trial court to hold a hearing on defendant's ability to pay. (People v. Prescott, supra, 213 Cal.App.4th at p. 1476.) Therefore, because this case is already being remanded for the trial court to hold a hearing regarding defendant's ability to pay the probation
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investigation costs, we hereby remand this matter for a hearing on defendant's ability to pay the attorney fees.
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