California, United States of America
The following excerpt is from People v. Olivier, A148136 (Cal. App. 2018):
Under Penal Code section 987.8, a trial court may "order a defendant who has received legal assistance at public expense to reimburse some or all of the county's costs." (People v. Viray (2005) 134 Cal.App.4th 1186, 1213.) Here, however, at the sentencing hearing the trial court did not orally order Olivier to pay attorney fees, much less hold a hearing on his ability to pay as required. (Pen. Code, 987.8, subd. (b).) Instead, it appears that the attorney fees notation on the minute order was a clerical error. Therefore, the minute order and the abstract of judgment must be modified to strike the attorney fees order. (See People v. Mitchell (2001) 26 Cal.4th 181, 185.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.