Opinion
NOT TO BE PUBLISHED.
Superior Court County of Los Angeles No. PA055577, Shari Silver, Judge.
David D. Martin, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Tannaz Kouhpainezhad, Deputy Attorney General, for Plaintiff and Respondent.
PERREN, J.
Piero Salazar appeals the judgment entered after a jury convicted him of possession of marijuana (Health & Saf. Code, § 11377, subd. (a)); having a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)); driving with a suspended license (Veh. Code, § 14601.5, subd. (a)); and possession of marijuana while driving (Veh. Code, § 23222, subd. (b)). Appellant was placed on three years formal felony probation that included a stayed term of 365 days in county jail. In addition to restitution, he was ordered to reimburse the county for 20 hours of attorney fees for the cost of his public defender. He contends, and the People concede, that the court erred in ordering him to pay attorney fees without notice and a hearing pursuant to section 987.8, subdivision (b). In a supplemental brief, Salazar asks us to independently review the record of the in camera hearing on his Pitchess motion. We shall remand the matter for proper compliance with section 987.8, subdivision (b). Otherwise, we affirm.
All further undesignated statutory references are to the Penal Code.
Pitchess v. Superior Court (1974) 11 Cal.3d 531.
FACTS AND PROCEDURAL HISTORY
On September 13, 2006, Los Angeles County Sheriff Deputies Jeff Burrow and Warren Norian conducted a traffic stop of Salazar's car after he was observed driving 35 miles per hour in a 25-mile-an-hour residential zone. After Salazar's license was found to be suspended, he was arrested and placed in the back of the patrol car. Deputy Norian conducted an inventory search of Salazar's car and found a jar containing 35.2 grams of marijuana, two small plastic bags of marijuana, four fully loaded 9-millimeter magazines, two 9-millimeter handguns, and a baggie containing .49 grams of methamphetamine.
DISCUSSION
I.
Section 987.8, Subdivision (b)
Salazar contends the court erred in ordering him to reimburse the county for the cost of his public defender without providing notice and a hearing pursuant to section 987.8, subdivision (b). That statute provides in pertinent part that "[i]n any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, . . ., the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof."
As the People concede, the trial court did not follow this procedure in ordering Salazar to pay for his attorney. Instead, the court merely asked the public defender to estimate the number of hours he had spent on the case, then ordered Salazar to pay for those hours. When counsel noted that Salazar was unemployed, the court responded, "Well, that's the cost of having a lawyer." Because the court did not make any determination of Salazar's present ability to pay the fees, much less conduct a noticed hearing on the matter, remand is required "so that the trial court may, after having conducted a hearing into the question, make an informed decision." (People v. Flores (2003) 30 Cal.4th 1059, 1069.)
II.
Pitchess
Prior to trial, Salazar filed a motion pursuant to Pitchess v. Superior Court, supra, 11 Cal.3d 531, seeking discovery of complaints against deputies Burrow and Norian alleging ethnic bias, perjury, fabrication of evidence, dishonesty, false arrest, excessive force, and other misconduct. The trial court held an in camera hearing regarding citizens' complaints and the personnel files of both deputies, and concluded that the files contained no discoverable information. Salazar requests that we independently examine the sealed reporter's transcript of the in camera hearing, and the People acknowledge that this request is proper. (People v. Mooc (2001) 26 Cal.4th 1216, 1228-1231.) We have reviewed the sealed transcript of the hearing and conclude that the court did not abuse its discretion in denying discovery. (People v. Hughes (2002) 27 Cal.4th 287, 330.)
DISPOSITION
The order compelling Salazar to reimburse the county for 20 hours of attorney fees is reversed. The matter is remanded for the trial court to conduct a noticed hearing on Salazar's ability to pay attorney fees, as required by section 987.8, subdivision (b). In all other respects, the judgment is affirmed.
We concur: YEGAN, Acting P.J., COFFEE, J.