Legal Opinion

Commonwealth v. Hernandez

Superior Court of Pennsylvania

Decided January 12, 2007PublishedCited by 20 opinions

1Opinion of the Court

OPINION BY

JOHNSON, J.:

¶ 1 Juan Carlos Hernandez appeals from the judgment of sentence entered upon his convictions of criminal trespass and simple assault. See 18 Pa.C.S. §§ 3503(a), 2701(a), respectively. Hernandez contends that since he is indigent, the trial court violated his due process and equal protection rights when it denied his post-sentence motion to modify costs and charged him with the costs of the prosecution’s mental health expert. Specifically, Hernandez asserts that 16 P.S. section 1403, the statute that requires a convicted defendant to pay the costs of prosecution, is…

2Cases cited11 opinions

  1. Fuller v. OregonSupreme Court of the United States · 1974
  2. Ohree v. CommonwealthCourt of Appeals of Virginia · 1998
  3. State v. BlankWashington Supreme Court · 1997
  4. State v. BlankWashington Supreme Court · 1997
  5. Commonwealth v. MeansSupreme Court of Pennsylvania · 2001

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3Cited by20 opinions

  1. Commonwealth v. GarzoneSupreme Court of Pennsylvania · 2012
  2. Com. v. Lopez, A.Superior Court of Pennsylvania · 2021
  3. Com. v. Berger, F.Superior Court of Pennsylvania · 2021
  4. Com. v. Burrows, M.Superior Court of Pennsylvania · 2017
  5. Com. v. Gary-Ravenell, K.Superior Court of Pennsylvania · 2019

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