People v. Barbosa

In November 2004, a jury convicted defendant, Luis Barbosa, of domestic battery (720 ILCS 5/12 — 3.2(a)(1) (West 2004)). The trial court later sentenced him to 18 months in prison and ordered him to pay fees and costs, including $750 in public-defender fees.

Defendant appeals, arguing only that the trial court erred by ordering him to pay the $750 public-defender fee without considering his ability to pay. Because we agree, we vacate that part of the trial court’s sentencing order and remand for a hearing on defendant’s ability to pay for such services, pursuant to section 113 — 3.1 of the…