2007 MT 238
STATE OF MONTANA,v.
JACOB RALPH STARR,
Did the District Court err in finding Starr unable to pay a fine, and then sentencing him to pay his court-appointed attorney’s fees?
The District Court’s sentence requiring Starr to pay the costs for his assigned counsel goes against the weight of its evidentiary findings, and is illegal because it does not meet the requirements of § 46-8-113(3), MCA. We reverse and remand with instructions to strike the portion of the sentence concerning the attorney’s fees.
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