| | 1: | | Title: | | | | | Volume/Number: | 2013 February 22 | | | | Issuing Agency: | | | | | Description: | In this Livingston County case, the 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. This fee would reimburse the county for the cost of appointed counsel. Later, in 2010, he was sentenced to six years in prison after having been found to have violated his probation. In his appeal, Somers contended that the hearing on his ability to pay the public defender fee had been inadequate, but he later also argued that it was now too late for a remand for a proper hearing because the applicable statute calls for a hearing within 90 days of judgment. He thus argued that no hearing could be held at all and that the fee should be vacated. The appellate court remanded for a new hearing anyway and this appeal followed. | | | | Date Created: | 02-22-2013 | | | | Agency ID: | 114054 | | | | ISL ID: | 000000063943 Original UID: 182127 FIRST WORD: People | |
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