People v. Burdette CA2/3

Filed 5/13/15 P. v. Burdette CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B255783

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA102493) v.

SANDRA BURDETTE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Thomas C. Falls, Judge. Reversed and remanded. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Michael C. Keller and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

INTRODUCTION A deputy public defender represented defendant and appellant Sandra Burdette at her trial. After the jury’s verdict of guilt, the trial court assessed $2,500 in attorney fees against Burdette, under Penal Code section 987.8,1 which allows the county to recoup costs of legal assistance. Burdette contends on appeal that the attorney fees order is not supported by sufficient evidence. We agree and reverse the order. FACTUAL AND PROCEDURAL BACKGROUND Burdette and Clara Cajas rented rooms from Leonard Zettervall. On July 10, 2013, Zettervall and Burdette argued. Burdette, holding a knife, threatened to kill Zettervall and Cajas. Burdette swung the knife, cutting Cajas’s finger. Based on these events, an information was filed on August 19, 2013 alleging: count 1, burglary (§ 459); count 2, criminal threats (§ 422, subd. (a)) with personal use of a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)); and count 3, assault with a deadly weapon (§ 245, subd. (a)(1)). On November 21, 2013, a jury found Burdette guilty of criminal threats and of assault with a deadly weapon but not guilty of burglary. The jury found true the personal use of a deadly weapon allegation. On April 14, 2014, the trial court suspended imposition of sentence and placed Burdette on three years’ formal probation, with 558 days served in jail. In addition to restitution and other fees, the court “assessed” $2,500 in attorney fees, under section 987.8.