We granted certiorari to the Court of Appeals in Pless v. State , 279 Ga. App. 798 633 SE2d 340 2006, to determine whether the General Assembly intended to eliminate the authority of trial courts to order restitution of court-appointed attorney fees when it passed the Georgia Indigent Defense Act of 2003. We answer in the negative and we reverse the judgment of the Court of Appeals to the extent that it held otherwise. Id. at 6. Christopher Pless was charged by accusation with three counts of violating Henry County animal control ordinances; he was tried by a jury and found guilty as charged. Pless was sentenced to one day in jail plus 59 days on probation for the first offense, and 60 days on probation for each of the two remaining offenses. Among other conditions of probation, Pless was ordered to pay $1,226 in restitution to Henry County for the services of his court-appointed trial counsel. When imposing sentence, the trial court inquired whether Pless was able to pay the costs or whether it would be necessary for him to satisfy the indebtedness by performing community service. Pless’ attorney responded, “Yes, Your Honor, he will be able to pay it.” There was no objection to the restitution requirement.
Pless was represented by new counsel on motion for new trial and a claim of ineffective assistance of trial counsel was asserted. Trial counsel’s failure to object to the restitution requirement was not raised within the context of the ineffective assistance claim or otherwise within the motion for new trial. After Pless’ motion for new trial was denied, he appealed his convictions to the Court of Appeals. Again, Pless did not challenge the trial court’s authority to order restitution of his court-appointed attorney fees. Nonetheless, the Court of Appeals addressed the issue sua sponte despite the lack of an objection below and despite Pless’ failure to enumerate the issue as error on appeal.1 In so doing, the Court of Appeals reversed the restitution portion of the sentence holding that the trial court was without legal authority to order reimbursement of attorney fees. The Court of Appeals set forth the rationale for its ruling, as follows: “the governing statute former OCGA § 17-12-10 c which expressly allowed a court to order reimbursement of attorney fees was struck prior to trial and its replacement Georgia Indigent Defense Act of 2003, OCGA § 17-12-1 et seq., effective December 31, 2003 does not contain any provisions authorizing a trial court to order a defendant to reimburse his court-appointed attorney fees.” Pless , supra at 804 6.2
