People v. Shovey CA4/2
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.