People v. Spurlock

In People v. Spurlock (1980) 112 Cal. App. 3d 323the trial court purported to "reserve jurisdiction to determine the matter of a schedule to repay the County for the sums paid for court-appointed counsel within sixty days after the defendant's release from actual custody." ( People v. Spurlock, supra, 112 Cal. App. 3d at p. 327.) The reviewing court held that the trial court "erred in providing for a hearing 60 days after release from actual custody, since under any conceivable circumstances . . . such a hearing would have to take place over six months after the sentence." ( Id. at p. 329.) Spurlock clearly does not stand for the proposition that a reviewing court's only option is to strike an order made in violation of section 987.8. Nor does it stand for the corollary that a trial court lacks jurisdiction to correct the error on remand after appeal.