Faatiliga

Defendant Yvette Faatiliga appeals her conviction of one count of possession of cocaine. (Health & Saf. Code, § 11350, subd. (a).) After her motion to suppress evidence (Pen. Code, § 1538.5) was denied, defendant entered a conditional plea to a simple possession charge, reduced from possession of cocaine for sale (Health & Saf. Code, § 11351.5). The trial court placed defendant on probation with conditions, including one that she reimburse the County of Santa Clara (hereafter, County) for certain costs including $200 for attorney fees. On appeal, defendant contends that: (1) the trial court erred in denying her motion to suppress, and (2) even if her conviction should not be reversed on that basis, she cannot be required to reimburse County for attorney fees and other costs as conditions of probation. For the reasons stated below, we reverse the attorney fees probation condition, remand for rehearing on certain other probation conditions, and affirm the judgment as modified.

1. Facts

On the afternoon of April 3, 1991, a group of San Jose police officers, including Tom Martuscelli and Nick Battaglia, executed search warrants at apartments 6 and 8 of a complex located at…