P. v. Fallon
After defendant pled guilty to abuse on a cohabitant, the court placed him on probation for three years, ordered him to serve 365 days in jail and assessed various fees and fines, including $420 in attorney’s fees. On appeal, he contends the trial court erred by assessing attorney’s fees without a finding of present ability to pay. Defendant also contends, and the People concede, that the trial court erred by failing to include credit for good behavior in its calculation of presentence credits.
Court remanded for a further hearing with respect to defendant’s present ability to pay attorney’s fees. Court accepted the People’s concession as to presentence credit and directed the trial court to modify the judgment accordingly.
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