Martin v. Commonwealth, 2010-CA-000322-MR and 2010-CA-001905-MR
To Be Published - OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Mr. Martin was charged with Burglary in the Second-degree. He was found guilty and was placed on probation, which was later revoked. The appeal of the conviction and that of the revocation were consolidated on appeal.
Martin attacked his conviction by alleging that the Fayette Circuit Court had erred by not conducting a Faretta hearing prior to accepting, and ruling upon, pro se pleadings. The Court agreed, but, interestingly, held that the Faretta violation did not impact the later revocation of probation, holding the revocation was not error.
The majority also found no error in the imposition of court costs on Mr. Martin, an indigent as he had argued for probation “in order to maintain employment and to support his family.” Dissenting, Judge Taylor argued that no distinction should be made between imposition of court costs on probated vs. no-probated indigents.
Contributed by Linda Horsman
