Criminal Law: Revocation of Probation-Payment of Jail Costs-Indigent Defendant

Following her release from prison on a probation violation, defendant was placed back on probation and ordered to pay “any outstanding court costs, Crime Victims Compensation Fund, intervention fees and restitution balances.” Four years later, defendant moved to retax costs, arguing she did not owe jail costs taxed to the state due to her indigent status.

Where the Supreme Court had ruled that an indigent defendant could not be taxed jail costs, the trial court erred by denying an indigent defendant’s motion to retax costs.

Judgment is reversed and remanded.

Scott, J., concurring: “…Richey leaves unclear how that issue could be appealed when case law generally holds otherwise for post-criminal-judgment rulings… I would treat such “appeals” as writ applications pending supreme court guidance…”

State v. Tidwell (MLW No. 73107/Case No. SD35656 – 3 pages) (Missouri Court of Appeals, Southern District, per curiam) Appealed from Circuit Court, Mississippi County, Dolan, J. (Matthew Mueller, Kansas City, for appellant) (Darren Cann, Charleston, for respondent)