P. v. Pruitt
A jury convicted appellant, of one count of possession of cocaine base for sale. Attached to this count were allegations appellant had suffered prior illegal drug related convictions. The jury also convicted appellant of the misdemeanor offense of unlawfully and falsely identifying herself to a police officer. Defendant appeals her convictions, claiming the trial court abused its discretion in failing to grant a continuance to secure the presence of a material defense witness and the court's instruction regarding the offense of falsely identifying oneself to a police officer was erroneous, confusing and prejudicial. Finally, appellant argues the court's order requiring her to reimburse the county $6,856.45 in attorney fees must be reversed because the court imposed its order without notice, hearing or findings and thus in violation of the statutory requirements for assessing her the cost of court-appointed legal representation. Court find, and the People agree, appellant's latter contention has merit. Accordingly, court vacate the order assessing attorney fees and remand to the trial court to conduct a noticed hearing on appellant's current ability to pay such fees consistent with the statutory mandates. Court affirm the judgment in all other respects.
Comments on P. v. Pruitt