State v. Morgan

I would affirm. By ordering reimbursement, the trial court implicitly made a finding that defendant individually would be able to reimburse. See 13 V.S.A. § 5238(b) (court shall order a defendant to pay for all or part of the cost of representation “based upon his or her ability to pay”) (emphasis added). It did so under the statute that presumes that the income of a defendant’s cohabiting family members is available to a defendant when making a determination regarding ability to pay. See id.; see also A.O. 4, § 5(d) (for purposes of co-payment and reimbursement determinations, income of an…