P.v . Gray
Following a jury trial, defendant Troy Harold Gray was convicted of possession of a controlled substance (Health & Saf. Code, 11350)[1]and admitted he had previously suffered one prior serious or violent felony conviction under the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12) and had served five separate prison terms for felonies ( 667.5, subd. (b)).[2] Thereafter, the trial court sentenced defendant to four years in state prison or double the middle term of two years.[3] In addition to a restitution fine of $200 ( 1202.4, subd. (b)), a laboratory fee of $100 (Health & Saf. Code, 11372.5, subd. (a)) and a court security fee of $20 ( 1465.8, subd. (a)(1)), the court ordered defendant to pay attorneys fees pursuant to section 987.8 in the amount of $3,000. A parole revocation fine was imposed and suspended ( 1202.45).
On appeal, defendant contends, the People acknowledge, and we agree the order directing him to pay attorneys fees must be stricken, in that the trial court failed to provide him with notice and a hearing as required by section 987.8. Court also conclude substantial evidence does not support the courts implied finding defendant had the ability to pay for all or part of his representation. Court strike the order requiring defendant to pay attorneys fees. In all other respects, the judgment is affirmed.
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