State v. Cox

NUGENT, Presiding Judge.

In this misdemeanor action, the state appeals the denial of its motion to reassess costs which were awarded to the indigent defendant’s attorney. We remand with directions to the circuit court to make findings of fact as to whether, on February 23, 1981, when it fixed the fee and allowed the attorney’s claim for expenses, funds were available to the Public Defender Commission for the purpose of compensating private attorneys.

On February 10, 1981, defendant John Cox, charged with three counts of the class B misdemeanor of property damage in the third degree, was found…