What is the test for assessing attorney's fees against a criminal defendant?

"'[P]roceedings 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.' [Citation.] . . . Under [section 987.8], a court may order a defendant, who has the ability to pay, to reimburse the county for the costs of legal representation. However, the defendant must be given notice and afforded specific procedural rights, including the right to present witnesses at the hearing and to confront and cross-examine adverse witnesses. [Citations.] The statute also requires the court to advise a defendantprior to the furnishing of legal counselof his potential liability for the costs of court-appointed counsel. [Citation.]" (People v. Phillips (1994) 25 Cal.App.4th 62, 72-73, fn. omitted.)

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