State v. Pless

Because the majority errs by concluding that OCGA § 42-8-35 authorizes a trial court to order a defendant who has previously been found to be indigent to reimburse the government for the attorney fees arising from his defense, I dissent to the majority opinion.

The introductory clause of OCGA § 42-8-35 provides that a trial court “shall determine the terms and conditions of probation and may *62provide” that a probationer comply with any of 13 conditions of probation. Of those thirteen specific conditions, three are monetary conditions of probation that a trial court may impose.4 Those three…