People v. Snow CA1/1

Filed 12/13/13 P. v. Snow CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A137497 v. DENNIS ROBERT SNOW, (Contra Costa County Super. Ct. No. 4-175130-4) Defendant and Appellant.

Dennis Robert Snow pleaded no contest to two felony counts. The trial court suspended imposition of sentence, placed defendant on three years of formal probation, and ordered him to reimburse the county in the amount of $200 for public defender services. Defendant contends the attorney fee order was improperly imposed without any substantial evidence he has the ability to pay the $200. We find the order was properly imposed subject to a later determination of defendant’s ability to pay. However, we modify the felony order of probation to make it consistent with the trial court’s oral pronouncement and its separate written order on attorney fees. As so modified, we affirm the judgment. I. BACKGROUND On November 20, 2012, at 2:20 a.m., defendant was stopped by the police after committing several Vehicle Code violations. The vehicle defendant was driving was discovered to have been stolen. A search of the vehicle uncovered 2.47 grams of methamphetamine.

Defendant was charged by felony complaint with vehicle theft (Veh. Code, § 10851, subd. (a); count one) and possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count two). He pleaded no contest to both counts. That same day, the court suspended imposition of sentence and placed defendant on three years of formal probation, conditioned on serving a jail term of 270 days with credit for time served. The court conditionally ordered that defendant reimburse the county in the amount of $200 for public defender services as follows: “[The court:] As far as the attorney’s fees, I am assessing $200 for the public defender. We do have them place a means of having a hearing on that and actually appearing in front of a court on it. Printed on the forms we have, we complied with everything required by that case, so that will be assessed. It’s up to [defendant] to take any action if he wants to challenge that one. [¶] [Defense counsel]: Your Honor, just for the record, I would be objecting to the attorney fees.” Defendant timely appealed from his sentence. II. DISCUSSION Defendant contends the order assessing him $200 for his court-appointed counsel fees must be reversed because there is no evidence showing he had the ability to pay those fees either at the time of sentencing or after he was released from custody. According to defendant, “there must be substantial evidence and a finding of an ability to pay before the court may order payment.” He states he did not have to prove inability to pay. Defendant notes nothing in the probation report suggests he had assets or income. In fact, it shows he was unable to work because he was in jail at the time of sentencing. The court ordered him to serve 148 more days (net of presentence credits). At sentencing, defendant explained he had quit his job a few weeks before his arrest on account of having a rod in his leg which caused him pain.1 He stated he would be