Phillips

David Allen Phillips appeals a judgment of conviction entered upon his negotiated plea of nolo contendere to one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378) and one count of being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). On appeal, defendant contends that an order requiring him to pay probation costs is invalid because the court failed to make a determination of his ability to pay such costs as required by Penal Code section 1203.1b. Defendant also challenges an order for reimbursement of the costs of court-appointed counsel on the following grounds: (1) he was not notified of the time and place of the hearing as required by section 987.8; (2) he was not afforded a separate hearing on his ability to pay; and (3) there was insufficient evidence of his present ability to pay legal fees. For reasons stated below, we affirm.

Background

After accepting defendant’s plea, the court referred the matter to the probation department for a report and recommendation.

The probation officer’s report noted that prior to his arrest, defendant’s average income per week from the sales of methamphetamine was enough…