When will a court order a section 987.8 hearing be held to determine whether or not the appellant is able to pay attorney fees?

California, United States of America


The following excerpt is from The People v. Ordaz, F059026, Super. Ct. No. 1250374 (Cal. App. 2010):

4. Appellant also argues, and the People do not dispute, that no section 987.8 hearing was conducted. We note that in People v. Phillips (1994) 25 Cal.App.4th 62, the court held that a separate hearing was not necessary and that the section 987.8 hearing may take place as part of the sentencing hearing. Because we find error in the imposition of the attorney fees order on the grounds discussed, we need not address the issue of whether the court complied with the statutory requirement to conduct a hearing on appellant's ability to pay.

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