P. v. Rivera
Oswaldo Rivera appeals from a judgment following his conviction, after jury trial, of carjacking and attempted second degree robbery. (Pen. Code, 215, subd. (a); 664, 211.)[1] The trial court selected a five-year midterm sentence for each crime and stayed the attempted robbery sentence pursuant to section 654. The court ordered appellant to pay attorney fees in the amount of $268 ( 987.8); a $20 court security assessment ( 1465.8, subd. (a)(1)); a $200 restitution fine ( 1202.4, subd. (b)); and a parole restitution fine which the court stayed, with the stay to become permanent upon the successful completion of parole ( 1202.45). Appellant contends that the court violated his constitutional rights by excluding evidence and ordering him to pay attorney fees. Court strike the attorney fees order because there is not evidence to rebut the statutory presumption that appellant lacks the financial ability to pay. ( 987.8, subd. (g)(2)(B).) As modified, Court affirm the judgment.
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