State v. Ruth

The Supreme Court affirmed in part and reversed in part the judgment and sentence of conviction of the crime of theft in the second degree, holding that the district court imposed an illegal sentence by requiring Defendant to pay the total court costs in this case.The State charged Defendant by an eight-count trial information with multiple crimes. Pursuant to a plea agreement, Defendant pleaded guilty to one count of theft in the second degree, and the State dismissed the remaining counts. At the sentencing hearing, the district court imposed a sentence and ordered that Defendant pay the court costs of the action, including the court costs associated with the dismissed counts. Defendant appealed, arguing that the district court should have apportioned the court costs to limit his responsibility to pay only those costs associated with the single count that resulted in the conviction. The Supreme Court reversed in part and remanded the case for a determination how the service fees should be apportioned so that no service fees were attributed to the counts dismissed. View "State v. Ruth" on Justia Law