P. v. Hall
Pursuant to a negotiated disposition in which a second felony count was dismissed, defendant pleaded no contest to attempted removal of a police officers non-firearm weapon, as a felony.[1] (Pen. Code, 664/148, subd. (b).)[2] At the subsequent sentencing hearing, the court suspended imposition of sentence and placed defendant on formal probation for 30 months on the condition, among others, that he serve six months in the county jail with 139 days credit for time served. The court also ordered defendant to pay attorneys fees under [section] 987.8 for the services of counsel. The court did not orally set an amount; however, the clerks transcript reflects an order for payment of $300 in attorney fees. Defendant contends the order for attorney fees must be stricken because the court made no determination of defendants ability to pay, as required by section 987.8, and because the record is devoid of any evidence to support an implied finding of ability to pay. The Attorney General, by letter brief, agrees that the record does not support a finding of ability to pay and also concurs, based on defendants circumstances, including a six month jail sentence that the interests of justice and judicial economy and efficiency would not be well served by a remand for determination of defendants present ability to pay the fees. He therefore agrees that the court may amend the judgment by striking the order. For the reasons discussed below, Court accept the Attorney Generals concession and will order the fees stricken.
Comments on P. v. Hall