 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Bass9/1/2004
arding whether the court should impose such an order. People v. Johnson, 297 Ill.App.3d 163, 164-65 [231 Ill.Dec. 698], 696 N.E.2d 1269, 1270 (1998). The trial court may not simply order reimbursement in a perfunctory manner." People v. Roberson, 335 Ill.App.3d 798, 803-04, 269 Ill.Dec. 420, 780 N.E.2d 1144, 1148 (2002).
In this case, the only notice given by the trial court was its call for a hearing on court-appointed counsel fees and the two questions to defendant about his employment and earnings per month. The record does not show the court considered defendant's financial affidavit. Further, defendant was not given an opportunity to present evidence or be heard regarding the imposition of the $500 payment. Therefore, we must vacate the court's order requiring defendant to pay $500 for court-appointed counsel fees and remand for a hearing on defendant's ability to pay for such services pursuant to section 113-3.1 of the Criminal Procedure Code.
*1071 III. CONCLUSION
For the reasons stated, we affirm defendant's conviction and vacate the recoupment order and remand with directions.
Affirmed in part and vacated in part; cause remanded with directions.
Page 1 2 3 4 5 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|