People v. McKee CA3
Opinion
Opinion
BACKGROUND
We dispense the facts of defendant’s crime as they are unnecessary to resolve this appeal. At the sentencing hearing, the trial court asked, “is attorney time being requested?” Private counsel replied five hours and the public defender said three hours. The court responded, “that’s $300 [for private counsel]. It’s $180 for the public defender. That will be based on Mr. McKee’s ability to pay.” The trial court did not order defendant pay any of the cost for appointed counsel. The minute order states the value of attorney services for private counsel is $300 and $180 for the public defender. It does not show that the trial court ordered defendant to pay any part of the cost of appointed counsel. A form titled “Notice, Findings and Order for Reimbursement for Indigent Defense,” states the same value of services for private counsel and the public defender, but the sections related to defendant being found able to pay and ordered to pay for the cost of indigent defense are left blank. The abstract does not show that defendant was ordered to pay all or part of the cost of his defense.