C.A. 3rd;
C083669

The Third Appellate District granted a petition for writ of mandate. In the published portion of its opinion, the court held that imposition of a restitution order on an indigent defendant in a misdemeanor case was a “significant adverse collateral consequence” warranting the appointment of appellate counsel.

Homer Harris was charged with multiple misdemeanors. He pleaded no contest to misdemeanor corporal injury on a spouse and the remaining charges were dismissed. Imposition of sentence was suspended. Harris was granted three years of formal probation and ordered to serve 45 days in county jail and to pay various fines and fees, totaling $735. Several months later, the trial court modified Harris probation to require him also to pay restitution of $1,571.32.