People v. Johnson CA3

DISCUSSION

We dispense with a recitation of the facts of this case, as they are not relevant to our determination of the issues on appeal. It suffices to say that the trial court ordered defendant to pay $420 in attorney fees at the time of sentencing, without discussion, and the fee was not listed in the probation report or otherwise specifically mentioned until imposed. No mention was made of defendant’s ability to pay. The People do not dispute these facts. Defendant did not object at sentencing to the fee. Penal Code section 987.81 permits a court to order a defendant to pay the cost of court-appointed counsel after a hearing to determine if defendant has the ability to pay. “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, . . . the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof.” (Id., subd. (b).) In determining this ability to pay, the court may consider both defendant’s present financial position and the defendant’s…