State v. Ortega

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Defendant pled guilty to three misdemeanor charges and was sentenced. The district court and court of appeals affirmed. In an order granting Defendant leave to proceed in forma pauperis on the second appeal, the district court intended to deny payment of attorney fees beyond the first appeal. On appeal to the Supreme Court, Defendant argued that the district court erred in ordering that his attorney fees would not be paid at public expense. The Supreme Court vacated the order to the extent that it may be construed as addressing attorney fees and otherwise affirmed, holding (1) the district court’s order in forma pauperis did not have the legal effect of denying Defendant’s appellate counsel payment for their representation because the district court was not the proper court to address the issue, and no application for payment was made pursuant to the statutory procedure; and (2) Defendant’s remaining claims regarding denial of permission to withdraw his guilty pleas and allegedly excessive sentences were without merit. View "State v. Ortega" on Justia Law