P. v. Dodson
Filed 3/24/06 P. v. Dodson CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JIMMY WAYNE DODSON, Defendant and Appellant. | H029536 (Santa Clara County Super. Ct. No. EE504396) |
Defendant Jimmy Wayne Dodson entered a negotiated guilty plea to petty theft with specified prior convictions. Pursuant to the plea bargain, the trial court sentenced defendant to 32 months in prison. It also ordered defendant to reimburse the county $300 for the public defender's attorney fees. On appeal from the judgment, defendant challenges the fee order by arguing that no substantial evidence supports his ability to pay. He asks us to strike the order. The People concede the substantive point but submit that the matter should be remanded for purposes of a hearing on defendant's ability to pay. We agree that the concession is appropriate. We determine that striking the fee order is the appropriate remedy. We therefore modify the judgment and affirm.
background
Defendant shoplifted $17 worth of delicatessen food from a Safeway.
discussion
Penal Code section 987.8, subdivision (b), states in pertinent part: â€
