People v. Pincetl CA2/7

DISCUSSION

1. Attorney Fees Penal Code section 987.8, subdivision (b), “provides that, upon the conclusion of criminal proceedings in the trial court, the court may, after giving the defendant notice and a hearing, make a determination of his present ability to pay all or a portion of the cost of the legal assistance provided him.” (People v. Flores (2003) 30 Cal.4th 1059, 1061.) As defined in Penal Code section 987.8, subdivision (g)(2), “ability to pay” means “the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following: [¶] (A) The defendant's present financial position. [¶] (B) The defendant’s reasonably discernable future financial position. . . .” Subdivision (e) of the statute confirms the defendant’s right to be heard in person, to present witnesses and documentary evidence and to confront any witnesses testifying about his ability to pay. Although the defendant’s present ability to pay may be inferred from the content and conduct of the hearing (see People v. Phillips (1994) 25 Cal.App.4th 62, 71), whether express or implied…