P. v.
Filed 9/29/10 P. v. Anderson CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
VERDELLE ANDERSON,
Defendant
and Appellant.
E049606
(Super.Ct.No.
FVI901149)
APPEAL from the Superior
Court of San
Bernardino County. John
M. Tomberlin, Judge. Affirmed as
modified.
Thomas K. Macomber, under
appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney
General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons,
Assistant Attorney General, Barry Carlton and Gary W. Brozio, Deputy Attorneys
General, for Plaintiff and Respondent.
A jury found defendant and appellant
Verdelle Anderson guilty of evading a peace officer while driving a motor
vehicle in a willful or wanton disregard for the safety of persons or property
(Veh. Code, § 2800.2, subd. (a)). In a bifurcated proceeding, defendant
subsequently admitted that she had suffered four prior prison terms (§ 667.5,
subd. (b)).[1] Defendant was sentenced to a total term of
six years in state prison with credit for time served and ordered to pay
various fees and costs.
On appeal, defendant contends (1)
there was insufficient evidence to support the trial court's implied finding
that she had the ability to pay $150 in reimbursement of appointed-counsel fees
(§ 987.8); (2) there was insufficient evidence to support the trial court's
finding that she had the ability to pay $505 in costs for preparation of the presentence
probation report (§ 1203.1b); and (3) she is entitled to additional custody
credits due to an amendment to section 4019 that became effective after she was
sentenced. We find that the orders
imposing fees for appointed counsel and preparation of the probation report
should be stricken from the judgment. We
reject defendant's remaining contention.
I
DISCUSSION[2]
A.
Counsel
Defendant contends there was
insufficient notice, hearing, or findings to support the imposition of $150 in
reimbursement of appointed-counsel fees.
The People agree with defendant.
â€
| Description | A jury found defendant and appellant Verdelle Anderson guilty of evading a peace officer while driving a motor vehicle in a willful or wanton disregard for the safety of persons or property (Veh. Code, § 2800.2, subd. (a)). In a bifurcated proceeding, defendant subsequently admitted that she had suffered four prior prison terms (§ 667.5, subd. (b)). Defendant was sentenced to a total term of six years in state prison with credit for time served and ordered to pay various fees and costs. |
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