What is the test for ordering a state prisoner to pay the cost of his attorney's fees under section 987.8 of the California Penal Code?

California, United States of America


The following excerpt is from People v. Garcia, H039147, H039962 (Cal. App. 2013):

Penal Code "[s]ection 987.8 authorizes the [trial] 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." (People v. Lopez (2005) 129 Cal.App.4th 1508, 1537.) The court is authorized to make an ability to pay determination

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only "after notice and a hearing." (Pen. Code, 987.8, subd. (b).) The statute "contains a presumption that those sentenced to prison are unable to pay." (People v. Lopez, supra, at p. 1537.) Accordingly, "before ordering a state prisoner to reimburse his or her attorney," the trial court must make "an express finding of unusual circumstances." (Ibid.; see also Pen. Code, 987.8, subd. (g)(2)(B).)

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