What is the test for ordering a criminal defendant to pay defense costs under section 987.8 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Covington, E059389 (Cal. App. 2014):

Section 987.8 "authorizes the court to order criminal defendants to pay all or part of the cost of their appointed counsel after the trial court determines the defendant has a present ability to pay. The ability to pay includes the defendant's reasonably discernible future financial position, limited to the next six months." (People v. Lopez (2005) 129 Cal.App.4th 1508, 1537, fn. omitted (Lopez); see also 987.8, subd. (g)(2)(B).) There is "a presumption under the statute that a defendant sentenced to prison does not have the ability to reimburse defense costs." (People v. Flores (2003) 30 Cal.4th 1059, 1068 (Flores).) To rebut this presumption, there must be "unusual circumstances." ( 987.8, subd. (g)(2)(B).) The court "must make an express finding of unusual circumstances

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before ordering a state prisoner to reimburse his or her attorney." (People v. Verduzco (2012) 210 Cal.App.4th 1406, 1421; see also Lopez, supra, 129 Cal.App.4th at p. 1537.)

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