Is a finding that a defendant has the ability to pay attorney fees implied or implied?

An order for attorney fees is not mandatory under Penal Code section 987.8, and a determination that a defendant has the ability to pay is a prerequisite for entry of an attorney fees order. (Pen. Code 987.8, subd. (e).) A finding of a present ability to pay need not be expressed, but may be implied through the content and conduct of the hearings. (People v. Phillips (1994) 25 Cal.App.4th 62, 71.) While the finding of a present ability to pay may be implied, the attorney fees order cannot be upheld on appeal unless it is supported by substantial evidence. (People v. Kozden (1974) 36 Cal.App.3d 918, 920.)