People v. Hasan CA4/2

DISCUSSION

There is no dispute defendant was provided legal assistance in the instant case at

the county’s expense. Under the terms of the statute, the trial court may, but only after

notice and hearing, order a defendant to pay all or a portion of the costs of his legal

representation if the court determines the defendant has the “present ability . . . to pay”

such costs. (§ 987.8, subd. (b).)

A determination that a defendant has the ability to pay is a prerequisite for entry of

an attorney fee order. (§ 987.8, subd. (e).) While such a determination may be implied,

the order cannot be upheld on review unless it is supported by substantial evidence.

(People v. Nilsen (1988) 199 Cal.App.3d 344, 347.) When the issue on appeal is

sufficiency of the evidence, “we must draw all reasonable inferences in favor of the

judgment.” (People v. Mercer (1999) 70 Cal.App.4th 463, 467.)

Defendant first argues he was not provided notice of a hearing on the issue of his

present ability to reimburse the county for all or a portion of the costs of his legal

representation. There is no probation report in the instant case, and at the sentencing

hearing defendant asserted that he was…