Turner

I.

Introduction

Defendant William Robert Turner appeals from a judgment of conviction entered upon his plea of nolo contendere to one count of the continuous sexual abuse of a child (Pen. Code, § 288.5) and an allegation that he occupied a position of special trust and committed an act of substantial sexual conduct, rendering him presumptively ineligible for probation (Pen. Code, § 1203.066, subd. (a)(9)).

On appeal, defendant contends: (1) the court was unaware of its discretion to grant probation under Penal Code section 1203.066, subdivision (c); (2) the court’s restitution order is improper in that it fails to specify the amount of restitution and identify the losses to be reimbursed; and (3) the court erred in imposing attorney fees because it failed to hold a hearing to determine defendant’s ability to pay. For reasons stated below, we strike the court’s attorney fee order. We reverse that portion of the judgment imposing restitution and remand for further proceedings on restitution only.

In the published portion of this opinion, we address the court’s power, under Penal Code section 987.8, to correct an erroneous order imposing attorney fees after a successful…