What is the test to determine whether a defendant has the ability to pay defense costs?

A finding of the ability to pay must be supported by substantial evidence. (People v. Nilsen (1988) 199 Cal.App.3d 344, 347.) Here, there was no evidence before the court that defendant had any assets with which to pay a fee reimbursement order. He was incarcerated at the time of the sentencing hearing and was not working. In assessing defendant's present ability to pay, the court was limited to considering a period no more than six months in future ( 987.8(g)(2)(B)), yet defendant was sentenced to serve three years in prison so there was no reason to believe he would have the ability to pay within six months of his sentencing. Further, as noted above, in a case where the defendant is sentenced to prison, the presumption is that the defendant has no "reasonably discernible future financial ability to reimburse" defense costs unless the court finds unusual circumstances. ( 987.8, subd. (g)(2)(B).) There is nothing in the record that would support a finding of unusual circumstances sufficient to overcome the statutory presumption.