Smallwood v. CommonwealthAnnotate this Case
The Supreme Court affirmed the judgment of the court of appeals affirming the revocation of Defendant's deferred disposition and conviction for possession of heroin due to Defendant's failure to pay court costs, holding that there was no error.
Pursuant to a plea agreement, Defendant pleaded guilty to possession of heroin. The agreement specified that Defendant would pay all court costs and the costs of any programs ordered by Defendant's probation officer. The circuit court deferred its finding that the facts were sufficient for a finding of guilt for one year subject to the terms and conditions in the plea agreement. The court further ordered that Defendant pay the costs of prosecution. The circuit court subsequently revoked Defendant's deferred disposition and adjudicated him guilty for failure to pay his court costs. The Supreme Court affirmed, holding that the circuit court did not err.