Prescott

Errol Prescott was convicted of a felony and sentenced to five years in county jail pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act). (Pen. Code, § 1170, subd. (h)(5)(B).) 1 Without notice, a hearing or a determination of Prescott’s ability to pay, the trial court ordered Prescott to pay $400 in attorney fees. Prescott contends he should have been granted a noticed hearing. Prescott further argues that the presumption that a defendant sentenced to state prison does not have the ability to pay defense costs (§ 987.8, subd. (g)(2)(B)) should apply because he was sentenced on a felony under the Realignment Act. We find the plain language of the statute prohibits application of the inability to pay presumption to county jail sentences. We vacate the order imposing $400 in attorney fees and remand the case to the trial court to conduct a hearing as contemplated by section 987.8.

DISCUSSION

Prescott pled no contest to a felony charge of unlawful driving or taking of a vehicle and also admitted to serving four prior prison terms. (Veh. Code, § 10851, subd. (a); Pen. Code, § 667.5, subd. (b).) He was sentenced to five *1476 years in county jail…