GILBERT (CHARLES J.) VS. COMMONWEALTH OF KENTUCKY
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RENDERED: SEPTEMBER 23, 2011; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2010-CA-000834-MR CHARLES J. GILBERT v. APPELLANT APPEAL FROM BELL CIRCUIT COURT HONORABLE ROBERT COSTANZO, JUDGE ACTION NO. 09-CR-00260 COMMONWEALTH OF KENTUCKY APPELLEE OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: TAYLOR, CHIEF JUDGE; CLAYTON, JUDGE; LAMBERT,1 SENIOR JUDGE. TAYLOR, CHIEF JUDGE: Charles J. Gilbert brings this appeal from an April 7, 2010, judgment of imprisonment of the Bell Circuit Court which imposed court costs of $151 upon him. We reverse and remand. 1 Senior Judge Joseph E. Lambert sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes 21.580. After a jury trial, appellant was found guilty of operating a motor vehicle under the influence of alcohol and possession of marijuana. In the judgment of imprisonment, the circuit court sentenced appellant to a total of twelve-months imprisonment and imposed $151 in court costs. This appeal follows. Appellant contends that the circuit court erred by imposing court costs as he qualified as indigent. For the following reasons, we agree. The record reveals that the circuit court found appellant to be a pauper and appointed him trial counsel. Additionally, the circuit court granted appellant s motion to proceed in forma pauperis on appeal. In light of the recent Supreme Court s decision in Travis v. Commonwealth, 327 S.W.3d 456 (Ky. 2010), the Commonwealth concedes error in its appellee s brief. In Travis, the Supreme Court held that court costs may not be assessed against an indigent defendant. Id. As appellant clearly qualifies as indigent, the circuit court erred by assessing court costs upon him. We, thus, reverse the circuit court s imposition of $151 in court costs upon appellant. For the foregoing reasons, the order of the Bell Circuit Court is reversed. ALL CONCUR. -2- BRIEF FOR APPELLANT: BRIEF FOR APPELLEE: J. Brandon Pigg Department of Public Advocacy Frankfort, Kentucky Jack Conway Attorney General of Kentucky J. Hays Lawson Assistant Attorney General Frankfort, Kentucky -3-
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