PD-0115-24 04/24/2024
“Can the Court of Appeals recalculate court costs on their own without remanding the case to the trial court for an ability-to-pay inquiry?”
The trial court assessed the wrong amount of court costs, so the court of appeals reformed the judgment to reflect the proper amount, as set by statute. In doing so, the court rejected Lopez’s contention that a remand is required for the trial court to conduct an ability-to-pay inquiry. Because Appellant didn’t challenge the trial court’s order that payment be made “upon release from confinement,” the court reasoned that the trial court must have determined Lopez could not immediately pay; thus, a remand would be a waste of judicial resources.
Lopez argues that there is no evidence that the trial court conducted an ability-to-pay inquiry; if it did, it was not on the record. Lopez insists the trial court is in the best position to calculate costs.
