People v. Burdette CA2/3

INTRODUCTION

A deputy public defender represented defendant and appellant Sandra Burdette at her trial. After the jury’s verdict of guilt, the trial court assessed $2,500 in attorney fees against Burdette, under Penal Code section 987.8,1 which allows the county to recoup costs of legal assistance. Burdette contends on appeal that the attorney fees order is not supported by sufficient evidence. We agree and reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

Burdette and Clara Cajas rented rooms from Leonard Zettervall. On July 10, 2013, Zettervall and Burdette argued. Burdette, holding a knife, threatened to kill Zettervall and Cajas. Burdette swung the knife, cutting Cajas’s finger. Based on these events, an information was filed on August 19, 2013 alleging: count 1, burglary (§ 459); count 2, criminal threats (§ 422, subd. (a)) with personal use of a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)); and count 3, assault with a deadly weapon (§ 245, subd. (a)(1)). On November 21, 2013, a jury found Burdette guilty of criminal threats and of assault with a deadly weapon but not guilty of burglary. The jury found true the personal use of a deadly weapon allegation.…