P. v. Ward
Earl Graham Ward appeals the judgment entered after he pled no contest to two counts of grand theft by embezzlement (Pen. Code,[1] § 487, subd. (a)). Appellant was sentenced to 16 months in state prison and ordered to pay a total of $126,159.63 in victim restitution. The trial court also ordered him to pay $500 in attorney fees pursuant to section 987.8. Appellant contends the evidence is insufficient to support the attorney fee order. In response, the People acknowledge the court did not hold a hearing on the issue of attorney fees and made no express finding on appellant's ability to pay. They claim, however, that the court implicitly made such a finding and that there is sufficient
evidence in the record to support that finding. We agree with appellant.[2] Accordingly, we shall reverse the attorney fee order and remand for further proceedings.[3]
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