People v. Hansen CA3

Filed 12/21/15 P. v. Hansen CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C078397

Plaintiff and Respondent, (Super. Ct. No. CM042061, CM041238) v.

KEITH EDWARD HANSEN,

Defendant and Appellant.

Defendant Keith Edward Hansen pleaded no contest to theft from an elder or dependent adult in an amount exceeding $950 (Pen. Code, § 368, subd. (d))1 in Butte County Superior Court case No. CM041238. In Butte County Superior Court case No. CM042061, defendant pleaded no contest to a charge of failure to appear. (§ 1320, subd. (b).) The trial court sentenced defendant to an aggregate term of four years eight

1 Undesignated statutory references are to the Penal Code.

1

months in county jail. The court also awarded him 101 days of custody credit and imposed numerous fines and fees, including a $420 fee for the service of the public defender. Defendant timely appealed. Defendant now contends the trial court failed to make an express finding that he had the ability to pay the public defender fees, and there is insufficient evidence in the record to support an implied finding that he has the ability to pay those fees. We agree, and the $420 attorney fee order is reversed and remanded. I. DISCUSSION We dispense with a recitation of the facts of this case, as they are not relevant to our determination of the issues on appeal. Briefly, the trial court sentenced defendant to four years eight months in county jail. At sentencing, the court ordered defendant to pay $420 in attorney fees, without discussion. No mention was made of defendant’s ability to pay. Defendant did not object to the fee at sentencing. The People do not dispute these facts. Penal Code section 987.8 permits a court to order a defendant to pay the cost of court-appointed counsel after a hearing to determine if defendant has the ability to pay. “In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, . . . the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof.” (§ 987.8, subd. (b).) In determining this ability to pay, the court may consider both defendant’s present financial position and the defendant’s reasonably discernible future financial position, limited to six months in the future. (§ 987.8, subd. (g)(2)(B).) Before making such a determination, however, the court is required to give defendant notice and a hearing on the issue. (§ 987.8, subd. (b).) The People argue that defendant has forfeited the claim of insufficient evidence of the ability to pay by failing to object in the trial court. Defendant contends no objection