Hall

People v. Hall

Good Law
103 Cal. App. 4th 889·126 Cal. Rptr. 2d 916·2002 Cal. App. LEXIS 4995·2002 Daily Journal DAR 13043·2002 Cal. Daily Op. Serv. 11248
Court of Appeal of CaliforniaNovember 18, 2002No. B151722California1,575 words

Opinion

lead Opinion

Boland, J.

Introduction

Appellant Mark Hall challenges the trial court’s order requiring him to perform community service in lieu of paying the costs of probation. We *891 conclude the trial court erred by failing to conduct a hearing regarding appellant’s ability to pay and by ordering him to perform community service in lieu of monetary payment.

Background and Procedural History

Appellant, who had a prior felony conviction, pled guilty to possessing a firearm. (Pen. Code, § 12021, subd. (a)(1).) On March 9, 1998, the trial court suspended imposition of sentence and placed appellant on probation on conditions including service of 181 days in jail and payment of $200 as a restitution fine (Pen. Code, § 1202.4, subd. (b)).

On May 22, 2000, appellant appeared at a hearing on a possible probation violation. The court announced that appellant owed $840 and the Probation Department sought to convert that amount to 160 hours of community service. A report by appellant’s probation officer revealed that the $840 comprised a $200 restitution fine, a $20 “restitution fine service charge,” a $570 cost of probation services, and a $50 “collection installment fee.” Appellant told the court…

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