Opinion
A101900.
11-18-2003
THE PEOPLE, Plaintiff and Respondent, v. TONI DENISE JEFFERSON, Defendant and Appellant.
Toni Denise Jefferson appeals from a judgment entered on a plea of "no contest" to one count of petty theft with a prior theft conviction (Pen. Code, § 666). She argues the trial court erred in ordering her to pay $250 for a presentence report preparation fee and $165 for a probation supervision fee (§ 1203.1b), as well as $150 in attorney fees for her public defender, without first conducting a hearing on her ability to pay those fees.
The record is clear that defendant never waived her right to this court hearing, and the People concede that, under Penal Code sections 1203.1b and 987.8, the trial court should have held this hearing. We accept this concession. (People v. OConnell (2003) 107 Cal.App.4th 1062, 1067-1068 [interpreting § 1203.1b]; (People v. Phillips (1994) 25 Cal.App.4th 62, 72-73 [interpreting § 987.8].)
DISPOSITION
We remand for the trial court to either hold a hearing on defendants ability to pay, or take a knowing and intelligent waiver from defendant to her right to such a hearing.
We concur, JONES, P.J., STEVENS, J.