Legal Opinion

People v. Prescott

California Court of Appeal

Decided February 27, 2013No. B242196PublishedCited by 15 opinions

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

  1. California Teachers Ass'n v. San Diego Community College DistrictCalifornia Supreme Court · 1981
  2. Hughes v. Board of Architectural ExaminersCalifornia Court of Appeal · 1998
  3. Imperial Merchant Services, Inc. v. HuntCalifornia Supreme Court · 2009
  4. People v. FloresCalifornia Supreme Court · 2003
  5. Whaley v. Sony Computer Entertainment America, Inc.California Court of Appeal · 2004

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3Cited by15 opinions

  1. People v. Rodriguez, California Court of Appeal, 5th District2019
  2. People v. MendozaCalifornia Court of Appeal · 2015
  3. People v. ButlerCalifornia Court of Appeal · 2016
  4. People v. Buchanan CA1/4California Court of Appeal · 2015
  5. People v. ButlerCalifornia Court of Appeal · 2016

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