Lewis

Penal Code section 1203.4, subdivision (c) states that a person who petitions for a change of plea or to set aside a verdict under section 1203.4 may be required to pay the actual cost of services rendered by the county at a rate determined by the county board of supervisors. The statute requires the court to determine the petitioner’s ability to pay and gives the court discretion to order reimbursement of all or part of the cost for services. Petitioners Joseph Lewis and Donald Mitchell Moore petitioned this court for a writ of mandate, challenging a $60 fee imposed by the superior court clerk to file a petition for relief under section 1203.4.

We conclude that Penal Code section 1203.4, subdivision (c) authorizes the imposition of a fee only after the superior court determines that the petitioner has the ability to pay without undue hardship and exercises its discretion to order payment, and therefore the superior court clerk cannot impose the fee at the time of filing. We also conclude that the court may require payment of all or part of a fee predetermined by the board of supervisors and need not determine the actual cost of services rendered for each petition, and…