People v. McDowell

Opinion

KINGSLEY, Acting P. J.

—Defendant appeals from an order, purportedly made under subdivision (a) of section 987.8 of the Penal Code,

[3]

ordering her to pay $7,500 for the services of a deputy public defender in a criminal case. We reverse the order.

Defendant was charged with the murder of Earl Burrell. She pled not guilty but, after several days of trial, she was permitted to withdraw that plea and enter a plea of nolo contendere to a charge of involuntary manslaughter. The trial court, thereafter, made the order herein attacked.

On this appeal, defendant contends:

“1. The order requiring her to pay $7,500 for the services of her court-appointed counsel was void because she was not present during the Penal Code section 987.8 proceedings.

“2. That order was void because there was no hearing.

“3. That order was void because the court found that appellant has a potential, rather than the present ability to pay the $7,500 for the services of her court-appointed counsel.” It is not here contended that the

amount

of the order was improper.

Subdivision (a) of section 987.8 provides as follows: “(a) In any case in which a defendant is furnished counsel, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, the court shall,

after a hearing,

make a determination of the

present

ability[

1

] of the defendant to pay all or a portion of the cost of counsel.

At the hearing, the defendant shall be entitled to have, but shall not be limited to, the opportunity to be heard in person, to present witnesses and other documentary evidence, and to confront and cross-examine adverse witnesses; disclosure of the evidence against him, and a written statement of the findings of the court.