California Court of Appeal

Penal Code section 1203.4, subdivision (c), authorizes the imposition of a 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. The court may require payment of all or part of a fee predetermined by the board of supervisors, and no individual hearing is required to determine each petitioner's ability to pay.

Appellate Information

• Decided 05/08/2003
• Published 05/08/2003

Judges

•  KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Michael P. Judge, Public Defender, Tommy Breslin and John Hamilton Scott, Deputy Public Defenders, for Petitioners.


• For Appellees:
  
• Bill Lockyer, Attorney General, Los Angeles, Paul H. Dobson, Acting Chief Assistant Attorney General, Andrea Lynn Hoch, Chief Assistant Attorney General, and Louis R. Mauro, Acting Senior Assistant Attorney General, for Respondents., Steve Cooley, District Attorney, Brent Riggs and Jessica Goulden, Deputy District Attorneys, for the People as Amicus Curiae on behalf of Respondents.