People v. Smith

Defendant Troy Smith appeals an order granting a motion by the City and County of San Francisco (County), on behalf of the People of the State of California, for reimbursement of legal services rendered to him (Pen. Code, § 987.8). He contends he was not given notice required under section 987.8, subdivision (f), that he may be subject to such reimbursement, and the trial court erred in ordering the County, to collect the amount of reimbursement from funds seized from him upon his arrest and held by the court. We affirm the order of the trial court.

Background

Between 1990 and August 1998 appellant and his brother, Dino, were the subject of criminal prosecutions in two San Francisco Superior Court cases (Nos. 137255 and 143113). The record before us does not clearly establish the offenses of which appellant was charged, convicted and sentenced.

Case No. 137255

Appellant was arrested in 1990 and convicted in 1991. In 1994 his conviction was reversed on appeal, and in January 1996, following a retrial, he was again convicted. At the time of appellant’s 1990 arrest $49,542 was seized from him. The money was the subject of an asset forfeiture proceeding, which the…