P. v. Huff CA2/7
Appellant Keshawn Huff was convicted of pandering by encouraging (Pen. Code § 266i, subd. (a)(2)), an offense for which probation is prohibited by section 1203.065, subdivision (a). The trial court sentenced Huff to three years in prison and ordered him to pay attorney fees. Huff contends that (1) section 1203.065, subdivision (a)’s prohibition of probation for pandering as applied to him constitutes cruel and/or unusual punishment, and (2) the trial court erred in ordering payment of attorney fees without determining Huff’s ability to pay. We affirm the sentence, vacate the order to pay attorney fees, and remand for the trial court to conduct a noticed evidentiary hearing to determine Huff’s ability to pay prior to imposing attorney fees.
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