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P. v. Baxter
Defendant Carissa Rashea Baxter appeals from a judgment of conviction entered after a jury found her guilty of corporal injury of a child between the dates of June 1 and June 30, 2010 (Pen. Code,[1] § 273d, subd. (a); count 1) and corporal injury of a child between the dates of July 1 and July 31, 2010 (ibid.; count 2).[2] The trial court suspended imposition of sentence and placed defendant on probation for a period of five years, with the condition that she serve one year in county jail and pay a fee, including $5,000 in attorney’s fees pursuant to section 987.8.
On appeal, defendant challenges the sufficiency of the evidence to support her convictions. She further contends the court erred in denying her motion to dismiss counts 1 and 2 pursuant to section 1118.1, and the trial court erred in admitting the statement of James Branch (Branch)[3] against her as an adoptive admission. Finally, defendant contends that the order to pay attorney’s fees should be stricken because she did not receive notice or a hearing to determine her ability to pay the court ordered attorney’s fees. We agree that the imposition of $5,000 in attorney’s fees should be stricken.

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