Graham v. State

Gregory Graham appeals his judgment and sentence, including an order of probation assessing a public defender’s fee and the costs of prosecution. We affirm Graham’s judgment and sentence, including the assessment of the public defender’s fee. We reverse the assessment of the costs of prosecution and remand for further proceedings.

Graham argues that the trial court erred in assessing the public defender’s fee and the costs of prosecution because the public defender and the State did not make the statutorily required motions for compensation and did not evaluate Graham’s ability to pay.

We…