People v. Hall

Opinion

BOLAND, J. Introduction

Appellant Mark Hall challenges the trial court’s order requiring him to perform community service in lieu of paying the costs of probation. We [891]conclude the trial court erred by failing to conduct a hearing regarding appellant’s ability to pay and by ordering him to perform community service in lieu of monetary payment.

Background and Procedural History

Appellant, who had a prior felony conviction, pled guilty to possessing a firearm. (Pen. Code, § 12021, subd. (a)(1).) On March 9, 1998, the trial court suspended imposition of sentence and placed appellant on probation on conditions including service of 181 days in jail and payment of $200 as a restitution fine (Pen. Code, § 1202.4, subd. (b)).

On May 22, 2000, appellant appeared at a hearing on a possible probation violation. The court announced that appellant owed $840 and the Probation Department sought to convert that amount to 160 hours of community service. A report by appellant’s probation officer revealed that the $840 comprised a $200 restitution fine, a $20 “restitution fine service charge,” a $570 cost of probation services, and a $50 “collection installment fee.” Appellant told the court he could pay “the fine” because he had started working two weeks earlier. He was unsure, however, whether his job was temporary. Defense counsel asked for “the option of community service.” The court did not find appellant in violation of probation, but simply referred him to the Probation Department to work out whether he would pay the fine, perform community service, or both.

On December 22, 2000, the court revoked appellant’s probation after he failed to appear at a hearing. On March 21, 2001, appellant admitted he violated probation by failing to report to his probation officer. The court reinstated appellant’s probation but, after learning he was unemployed, modified the terms of probation by ordering him to perform 139 hours of community service “in lieu of the cost of probation services.”1 Appellant objected on the ground that reimbursement of the cost of probation services could not properly be made a condition of probation, whether that form of reimbursement be cash or hours of community service. On September 10, 2001, the court again modified the terms of appellant’s probation by reducing the number of hours of community service to 134.