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LEWIS v. CLARKE

Nos. B160291, B161712.

133 Cal.Rptr.2d 749 (2003)

108 Cal.App.4th 563

Joseph LEWIS, Petitioner, v. John A. CLARKE, as Clerk, etc., et al., Respondents. Donald Mitchell Moore, Petitioner, v. John A. Clarke, as Clerk, etc., et al., Respondents.

Court of Appeals of California, Second District, Division Three.

As Modified on Denial of Rehearing June 5, 2003.

Attorney(s) appearing for the Case

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

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.

KITCHING, J.

Penal Code section 1203.4, subdivision (c) states that a person who petitions for a change of plea or to set aside a verdict under section 1203.4 may be required to pay the actual cost of services rendered by the county at a rate determined by the county board of supervisors. The statute requires the court to determine the petitioner's ability to pay and gives the court discretion to order reimbursement of all or part of the cost for services. Petitioners...

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