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Name: People v. Flores
Case #: B148379
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 03/08/2002
Subsequent History: Rev. granted 5/15/02: S105762. Depublished.

Appellant was convicted of car theft and sentenced to three years in state prison. At his sentencing hearing, the court also ordered that he pay $5000 in attorney’s fees, pursuant to Penal Code section 987.8. On appeal, appellant argued, and respondent conceded, that the fees were imposed without notice and a hearing, and were therefore invalid under Penal Code section 987.8, subdivision (b). The disputed issue on appeal was the remedy for the error. Here, the appellate court held that People v. Turner (1993) 15 Cal.App.4th 1690, which held that the remedy is to strike the fees imposed, was wrongly decided. When a defendant has been deprived of the requisite notice and hearing required by section 987.8, subdivision (b), the proper remedy is remand for notice and hearing.