Commonwealth v. LeBar, 860 A.2d 1105 (Pa. Super. Ct. 2004)

Cases | Commonwealth v. LeBar, 860 A.2d 1105 (Pa. Super. Ct. 2004) | 2018

The defendant pled guilty to sexual assault, endangering the welfare of children, and statutory sexual assault. As part of his sentence, the trial court ordered the defendant to make restitution to the victim, “if any [was] required.” The sentencing order made no mention of any court or prosecution costs or other fees. Thereafter, the Monroe County Clerk of Court (Clerk) informed the Pennsylvania Department of Corrections (Department) that the defendant had been ordered to pay court costs of $466. When the Department informed the defendant that they would deduct 20 percent of his monthly prison income to satisfy those costs, the defendant filed a motion to compel the return of any money collected. The trial court determined that no restitution was required, but denied the defendant’s motion. The defendant filed another motion to compel the return of money collected from his account, which was denied. On appeal, the court affirmed the original sentencing order, which imposed no costs or fines on the defendant, but reversed the trial court’s order denying the defendant relief from the collection of money from his inmate account, except for a statutorily required $60 fee. The case was remanded so that the defendant could be reimbursed for the $406 improperly collected from his inmate account.