Maynes v. Commonwealth
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Desean Maynes pled guilty to third-degree burglary pursuant to a plea agreement. The trial court approved the agreement subject to the condition that Maynes pay the statutory costs of $130 to the circuit court clerk. Maynes objected to the imposition of costs, arguing that having found him an indigent defendant in need of a public defender, the court was required to waive costs. The trial court rejected those arguments, and the court of appeals affirmed. After considering the applicable statutes, the Supreme Court affirmed, concluding that the trial court was authorized under Kentucky law to impose court costs, as (1) the appointment of counsel to a criminal defendant does not preclude an order requiring the defendant to pay court costs according to his ability to do so; (2) upon a defendant's conviction, Ky. Rev. Stat. 23A.205 requires imposition of court costs unless the defendant qualifies as a "poor person"; and (3) because Maynes entered a plea agreement whereby he was to be released from custody, the trial court did not abuse its discretion in ordering that Maynes pay the statutorily mandated court costs pursuant to section 23A.205.
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