People v. Shovey CA4/2

Good Law
Court of Appeal of CaliforniaOctober 18, 2013E056139California2,996 words

Opinion

Opinion

INTRODUCTION

Defendant Keith Allen Shovey claims that because he did not receive notice or a

hearing prior to the trial court‟s imposition of a $500 appointed attorney compensation

fee, it must be stricken. In the alternative, relying upon People v. Pacheco (2010) 187

Cal.App.4th 1392 (Pacheco), he asserts that there was insufficient evidence to support

the order and that the matter must be remanded for a hearing on whether he has the

ability to pay the fee. The People answer that defendant forfeited his right to notice and a

hearing by failing to object below, but concede that the matter must be remanded for an

ability to pay hearing on sufficiency of the evidence grounds. In a one-page letter reply

brief filed March 21, 2013, appellate counsel asks us to “accept respondent‟s

concession.”

Because the trial court failed to provide defendant the notice and hearing required

by Penal Code section 987.8, and because we find defendant‟s due process claim was not

forfeited, we will remand the matter for the trial court to determine his ability to pay the

disputed fee.

FACTS AND PROCEDURAL HISTORY1

This appeal involves two cases. The first, FMB1000504, concerns a…

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