People v. Montoya CA2/3

BACKGROUND

Montoya was charged with two counts of making of criminal threats (§ 422). Following a jury trial, he was acquitted on both counts. Thereafter, the trial court ordered him, pursuant to section 987.8, to reimburse the county $10,274 for the cost of legal assistance. On January 31, 2013, when it initially announced its intention to order Montoya to make reimbursement in this amount, the trial court said: “I am ordering the defendant to pay for the services of the Office of the Public Defender. The new fees for the Public Defender, and this just came out: felony trial, attorney’s fees, $9,249. Investigation costs, $1,025.” The court ordered Montoya “to be seen by the financial evaluator [so he can] be evaluated regarding payment” of these costs. When defense counsel said he would be filing a motion “objecting to certain fees,” the trial court replied: “I’ll tell you what, this is the approved L.A. County Public Defender’s cost recovery fees for 2012 and 2013 . . . . [¶] I’m ordering the defendant to be seen by the office of the financial evaluator today before you leave the building, and I’m going to order you back for a report from the financial evaluator.” On March 5,…