Matter of ALJ

I dissent from the majority’s decision to vacate the portion of appellant’s probation which required him to reimburse the public defender for his defense. The decision to vacate that portion of appellant’s probation sentence is made without sufficient rationale, explanation or precedent.

The majority cites an opinion concurring in part and dissenting in part for the proposition that “application of restitution and cost repayment statutes without a judicial finding of ability to pay are statutes designed as debt collecting devices masquerading as penal laws and contravene the constitutional…