P. v. Thompson
Defendant Deotis Lee Thompson appeals from a judgment of conviction entered after a jury found him guilty of two counts of possession for sale of cocaine base (Health & Saf. Code, § 11351.5 - counts one, three) and one count of transporting cocaine base (Health & Saf. Code, § 11352, subd. (a) - count two). Defendant admitted the allegations that he had previously committed a prior strike conviction (Pen. Code, §§ 667, subds. (b)‑(i), 1170.12), had served a prior prison term (Pen. Code, § 667.5, subd. (b)), had a prior conviction for trafficking in a controlled substance (Health & Saf. Code, §§ 11370.2, 11370, subds. (a), (c)), and was out on bail when he committed two of the charged offenses (Pen. Code, § 12022.1). The trial court sentenced defendant to a term of 10 years and eight months in state prison. On appeal, defendant contends that the trial court erred when it: (1) denied his motion to suppress evidence; (2) denied his motion to disclose the confidential informant; (3) admitted evidence of his prior drug sales; and (4) imposed attorney’s fees without holding a hearing to determine his ability to pay. Defendant also contends that his trial counsel rendered ineffective assistance. We conclude that the matter must be remanded for a hearing on defendant’s ability to pay attorney’s fees. Accordingly, the judgment is reversed.
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