People v. Liu CA2/8

BACKGROUND

The issue presented by this case does not turn on the facts of the offense, so we simply note that Liu was convicted of assault with a deadly weapon in violation of Penal Code1 section 245, subdivision (a)(1). The trial court imposed and suspended a four year sentence in state prison, placing Liu on probation for five years. At sentencing, the trial court relied on section 987.82 to order Liu to reimburse the public defender’s office for costs incurred in representing him throughout the proceedings. Liu was ordered to pay $9,249 for attorney fees by May 8, 2015. In making its order, the trial court failed to provide Liu with notice and a hearing to determine his ability to pay as required by section 987.8. The trial court also ordered Liu to pay a $40 court operations fee

1 All further section references are to the Penal Code unless otherwise indicated. 2 Section 987.8, subdivision (b) provides: “In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private…