People v. Somers

Defendant, charged with five counts of burglary, pled guilty in 2009 and received a sentence of 2 years’ probation and 180 days in jail. He was ordered to pay a public defender fee of $200 after the judge questioned him about his employment. In 2010, he was sentenced to six years in prison after having been found to have violated his probation. In his appeal, defendant contended that the hearing on his ability to pay the defender fee had been inadequate, that it was too late for a remand because the statute calls for a hearing within 90 days of judgment, and that no hearing could be held at all and that the fee should be vacated. The appellate court remanded for a new hearing. The supreme court affirmed. The perfunctory hearing was inadequate and the defendant was entitled to a new hearing of the quality set forth by statute. There is no reason why the trial court’s error should be uncorrectable on appeal. View "People v. Somers" on Justia Law