People v. Prescott
California Court of Appeal
1Opinion of the Court
Opinion
BIGELOW, P. J.
Errol Prescott was convicted of a felony and sentenced to five years in county jail pursuant to the Criminal Justice Realignment Act of 2011 (Realignment Act). (Pen. Code, § 1170, subd. (h)(5)(B).)1 Without notice, a hearing or a determination of Prescott’s ability to pay, the trial court ordered Prescott to pay $400 in attorney fees. Prescott contends he should have been granted a noticed hearing. Prescott further argues that the presumption that a defendant sentenced to state prison does not have the ability to pay defense costs (§ 987.8, subd. (g)(2)(B)) should apply…
2Cases cited8 opinions
- California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
- Hughes v. Board of Architectural ExaminersCalifornia Court of Appeal · 1998
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- People v. FloresCalifornia Supreme Court · 2003
- Whaley v. Sony Computer Entertainment America, Inc.California Court of Appeal · 2004
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