People v. Rodriguez

246 Cal. Rptr. 3d 392, 34 Cal. App. 5th 641
CourtCalifornia Court of Appeal, 5th District
DecidedApril 23, 2019
DocketB287544
StatusPublished
Cited by39 cases

This text of 246 Cal. Rptr. 3d 392 (People v. Rodriguez) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rodriguez, 246 Cal. Rptr. 3d 392, 34 Cal. App. 5th 641 (Cal. Ct. App. 2019).

Opinion

LAVIN, J.

*644INTRODUCTION

After snatching a woman's bag, defendant Gildardo Rodriguez was convicted of *394one count of second degree robbery and sentenced to nine years in prison. Defendant contends the court erred by ordering him to pay $ 1,185 to reimburse the county for his public defender without first evaluating his ability to pay. Although defendant failed to object below, we conclude the issue was not forfeited because defendant lacked the required notice. We modify the judgment to strike the attorney's fees order and affirm as modified.

PROCEDURAL BACKGROUND1

By information filed September 13, 2017, defendant was charged with one count of second degree robbery ( Pen. Code, § 211 ; count 1).2 The information also alleged 10 prison priors (§ 667.5, subd. (b)).3 He pled not guilty and denied the allegations.

After a bifurcated trial at which he did not testify, a jury convicted defendant of the sole charged count. Defendant waived jury trial on the prior-conviction allegations and admitted them.

The court sentenced defendant to an aggregate term of nine years in state prison-the middle term of three years for count 1 ( § 211 ) plus consecutive one-year terms for six of the prison priors (§ 667.5, subd. (b)). The court struck the remaining priors. The court imposed a $ 300 restitution fine (§ 1202.4, subd. (b)), a $ 40 court operations assessment (§ 1465.8), a $ 30 conviction assessment ( Gov. Code, § 70373 ), and $ 1,185 in attorney's fees (§ 987.8), and imposed and stayed a $ 300 parole *645revocation restitution fine (§ 1202.45). Defendant was awarded 275 days of pretrial custody credit.

Defendant filed a timely notice of appeal and we appointed counsel to represent him. On July 12, 2018, appointed counsel filed a brief in which he raised no issues and asked us to review the record independently. ( People v. Wende (1979) 25 Cal.3d 436, 443, 158 Cal.Rptr. 839, 600 P.2d 1071.)

After reviewing the record and trial exhibits, we asked appellate counsel and the People to provide us with supplemental briefing on whether the court erred by ordering defendant to reimburse the county for attorney's fees without first evaluating his ability to pay.

DISCUSSION

1. Section 987.8

Both the Sixth Amendment to the federal Constitution and article I, section 15, of the California Constitution require the state to provide indigent criminal defendants with attorneys free of charge. ( Gideon v. Wainwright (1963) 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 ; In re Johnson (1965) 62 Cal.2d 325, 329-330, 42 Cal.Rptr. 228, 398 P.2d 420.)

Before the public defender's office is appointed as counsel, it must verify the defendant's indigence by assessing his income, expenses, debt, and other relevant financial data. ( Gov. Code, § 27707.) The final determination of indigence is made by the court. (Ibid. ; People v. Vaughn (1981) 124 Cal.App.3d 1041, 1046, 177 Cal.Rptr. 773.) As such, public defender clients, all of whom have already been financially evaluated and found indigent by the court, are legally entitled to a presumption of indigence for most purposes. (See, e.g., *395Vaughn , at pp. 1045-1046, 177 Cal.Rptr. 773 [defendant, a public defender client, was entitled to a free trial transcript].)

But the Legislature has also recognized that a defendant's financial circumstances may change. Section 987.8, therefore, allows a court to order a defendant to reimburse the government for the cost of court-appointed counsel, medical and psychiatric experts, investigative services, and expert witnesses. (§ 987.8, subd. (c)(1).) Courts may impose such fees only on defendants who can pay them. (Id. , subd. (b).)

Before ordering a defendant to reimburse the government for these costs, the court must satisfy section 987.8's procedural requirements:

*646First, before the court appoints counsel to represent a defendant, it must notify him that he may be required to reimburse the government if-after notice and a hearing-it finds he has the ability to pay. (§ 987.8, subd. (f); see also id ., subd. (b).)

Second, after criminal proceedings are completed or counsel withdraws, the court may order reimbursement only after giving the defendant notice and an opportunity to be heard on the issue of his ability to pay. (§ 987.8, subds. (b), (d).) At this hearing, the defendant has the right to be heard in person (id ., subd. (e)(1)(A)), to present witnesses and documentary evidence (id ., subd. (e)(1)(B)), to confront and cross-examine adverse witnesses (id ., subd. (e)(1)(C)), to disclosure of evidence against him (id ., subd. (e)(1)(D)), and to a written statement of the court's findings (id ., subd. (e)(1)(E)).

In considering the defendant's ability to pay, the court may consider both the defendant's present financial position and his reasonably discernible financial position during the following six months. (§ 987.8, subd. (g)(2).) But there's an important exception: If the defendant is sentenced to prison or to county jail for more than 364 days, he "shall be determined not to have a reasonably discernible future financial ability to reimburse" defense costs "[u]nless the court finds unusual circumstances." (Id ., subd. (g)(2)(B).)

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Cite This Page — Counsel Stack

Bluebook (online)
246 Cal. Rptr. 3d 392, 34 Cal. App. 5th 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-calctapp5d-2019.