State v. McMurry

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The Supreme Court affirmed in part and reversed in part the judgment and sentence of the district court and remanded for resentencing on restitution for court-appointed attorney fees, holding that the amount of court-appointed attorney fees assessed against the defendant must be determined before the sentencing court determines the reasonable amount the defendant is able to pay.Defendant was charged by a trial information of several crimes. Defendant entered into an Alford plea of guilty to the charge of false report of an incendiary explosive device, and the remaining charges were dismissed. The district court sentenced Defendant, suspended the terms of incarceration, and placed Defendant on probation. The court ordered Defendant to pay restitution, including court costs and court-appointed attorney fees. On appeal, Defendant claimed that the district court (1) imposed an illegal sentence by ordering him to pay costs associated with counts of the trial information later dismissed by the State, and (2) erred in assessing court-appointed attorney fees before the amount of the fees was known. The Supreme Court held that the district court (1) did not err in ordering Defendant to pay court costs, but (2) erred in finding that Defendant had the ability to pay attorney fees before the amount had been determined. View "State v. McMurry" on Justia Law