What is the test for a criminal defendant's ability to pay attorney's fees under section 987.8 of the California Criminal Code?

"Section 987.8 establishes the statutory procedure for determining a criminal defendant's ability to reimburse a county for the services of court-appointed counsel." (People v. Smith (2000) 81 Cal.App.4th 630, 637 (Smith).) Under section 987.8, a trial court "may order a defendant who has the ability to pay to reimburse the county for all or a portion of the costs of his legal representation." (Id. at p. 637.) "'Proceedings to assess attorney's fees against a criminal defendant involve the taking of property, and therefore require due process of law, including notice and a hearing. [Citations.]'" (Ibid.)³

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