People v. Wright CA3

FACTS

The facts of defendant’s offense are not at issue in this appeal involving a challenge to the order for payment of attorney fees. A brief summary will suffice. On June 18, 2013, the victim returned to his Sacramento apartment and found defendant in the apartment without permission. Defendant fled from the apartment by climbing over the victim, who was in a wheelchair in the doorway. The victim called police. He determined that various items of his personal property were missing. The victim spoke with a police officer, identified defendant as the perpetrator, and said he was the son of a neighbor. The next day, the victim selected defendant from a photo lineup. Defendant was arrested six days after the burglary.

DISCUSSION

Defendant contends, and the Attorney General concedes, the trial court erred when it ordered him to pay $3,175 in attorney fees because the order was not supported by substantial evidence of his ability to pay. We agree. Background The probation report, filed in December 2013, revealed that the 41-year-old defendant began working at age 16 as a grounds maintenance worker. He obtained his GED certificate at college or during a prior incarceration. He…