P. v. Monckton CA1/3
On appeal from a judgment of conviction for indecent exposure and making criminal threats, defendant Jerry Leroy Monckton contends the trial court’s order requiring him to pay a portion of his defense costs must be reversed. He argues that the order was entered without notice or an opportunity to be heard and is contrary to the statutory presumption that a defendant who is sentenced to prison lacks the ability to pay defense costs. He also claims the evidence before the court was insufficient to support a finding that he had the ability to pay the costs of his defense. We agree with defendant and shall reverse the challenged order.
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