P. v. Keo
In January 2006, defendant Setha Keo was charged with one count of forgery and one count of grand theft. He was provided with the services of a public defender. Both counts were later dismissed for insufficient evidence on the motion of the district attorney. Under Penal Code section 987.8, the trial court then ordered defendant to pay $2,500 for services of the public defender at the rate of $35 per month. Defendant contends on appeal that the court erred by ordering the payment of fees without a determination of his ability to pay those fees. Court agree that the record discloses no finding by the court of defendants ability to pay fees, and that even if the court were to have made such an implied finding, there is no substantial evidence in the record that would support it. Court accordingly reverse to the extent the court ordered defendant to pay attorney fees and remand the matter to the trial court to enable it to either make the determination as required by section 987.8 regarding defendants ability to pay or strike the order.
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