State v. Moore

¶ 1 A jury convicted George Moore (Moore) of felony driving under the influence of alcohol or drugs in violation of § 61-8-401(1), MCA. The Twentieth Judicial District Court, Lake County, sentenced Moore and also imposed appointed counsel costs of $1,340, prosecution costs of $100, and jury costs of $1,447.50. Moore appeals the imposition of those costs. We reverse and remand.

¶2 We review the following issue on appeal:

¶3 Did the District Court properly investigate Moore’s financial ability to pay the jury costs, appointed counsel costs, and prosecution costs?

FACTUAL AND PROCEDURAL BACKGROUND

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