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Name: Lewis v. Clarke
Case #: B161712
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/08/2003
Subsequent History: Modified & Rhrg. denied 6/5/03
Summary

Penal Code section 1203.4, subdivision (c) provides for a filing fee to pay the actual cost of services rendered by the county at a rate set by the board of supervisors for a petition for a change of plea or to set aside a verdict, following successful completion of probation. The court here held the statute authorizes imposition of the fee only after the superior court determines that the petitioner has the ability to pay without undue hardship and exercises its discretion to order payment. Thus, the superior court clerk cannot impose the fee at the time of filing. The court may require payment of a fee predetermined by the board of supervisors and need not determine the actual cost of services rendered for each petition. No individual hearing is required to determine each petitioner’s ability to pay.