Commonwealth v. Coder

415 A.2d 406, 490 Pa. 194, 1980 Pa. LEXIS 686
CourtSupreme Court of Pennsylvania
DecidedJune 10, 1980
Docket224
StatusPublished
Cited by30 cases

This text of 415 A.2d 406 (Commonwealth v. Coder) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Coder, 415 A.2d 406, 490 Pa. 194, 1980 Pa. LEXIS 686 (Pa. 1980).

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

This appeal arises from an order by the trial court taxing appellee, John R. Coder, with the costs of his prosecution including costs accruing from a change of venue granted on his motion.1 Initially Coder was charged with costs exceeding $10,000. He objected and the Commonwealth was ordered to provide him with a bill of costs to which he could file exceptions. After a hearing on the exceptions, the trial court reduced the amount and ordered Coder to pay approximately $8,000. The Superior Court reversed, concluding that Coder should be taxed only for the amount the costs of prosecution would have been had the trial taken place in Lycoming County.2 We reverse.

This case is governed by Section 64 of the Act of March 31, 1860, P.L. 4273 which provides, inter alia, “ . . .in [198]*198all cases of conviction of any crime, all costs shall be paid by the party convicted.” As succinctly stated by President Judge Cercone in the court below:

“It is clear that the legislature has determined that a person who commits a crime thereby triggering the prosecutorial machinery of the Commonwealth, should repay the Commonwealth the necessary costs and expenses of prosecution, if he is found guilty beyond a reasonable doubt, and is financially able to do so.”

Commonwealth v. Coder, 252 Pa.Super. 508, 519, 382 A.2d 131, 137 (1977) (Cercone, J. dissenting).

Coder argues that requiring him to pay costs accruing from a change of venue constitutes a penalty and exerts a “chilling” effect on the exercise of his constitutional right to a fair trial. We disagree. The purpose of the statute is to recoup the costs of trial where a jury finds the defendant guilty beyond a reasonable doubt, not to chill the assertion of constitutional rights by penalizing those who choose to exercise them. Imposition of admittedly difficult choices is not necessarily unconstitutional. Lepley v. Lycoming County Court of Common Pleas, 481 Pa. 565, 393 A.2d 306 (1978).

In Fuller v. Oregon, 417 U.S. 40, 94 S.Ct. 2116, 40 L.Ed.2d 642 (1974), the United States Supreme Court dealt with a similar problem which arose out of an Oregon recoupment statute. That statute provided that, in the case of convicted defendants who were able to pay all or part of the expenses incurred by the state in prosecuting the defendant, including costs for the convicted persons’s appointed counsel, be repaid to the state. In that case appellant argued that the statute had a “chilling” effect on the exercise of constitutional rights because a defendant’s knowledge that he might remain under an obligation to repay might impel him to decline the services of an appointed attorney. Mr. Justice Stewart rejected this argument, distinguishing Fuller from those cases where statutes having no other purpose or effect than to chill the assertion of constitutional rights by those persons who chose to exercise them were found invalid. [199]*199Coder argues that assessment of extraordinary costs against a defendant because the news media has publicized his case extensively and prejudicially is unfair. We reject this argument.4

Obviously, when a person commits a crime which stirs wide community interest, either because the crime is heinous or its perpetrator is a person invested with a public trust, publicity will follow inevitably. The ensuing publicity should be readily foreseeable by the perpetrator of the crime, so that it is neither arbitrary, capricious nor unreasonable to hold him responsible for the dysfunction his conduct caused the criminal justice system. If he is innocent of the charges, he will bear none of these costs.

Commonwealth v. Coder, supra, 252 Pa.Super. at 519, 382 A.2d at 137.

With regard to appellee Coder’s remaining assignments of error, being unable to improve upon the dissenting opinion filed by the learned judge below, we quote:

Having determined that appellant’s constitutional rights have not been infringed by requiring him to pay the costs of prosecution, I would reach appellant’s5 remaining arguments. Appellant also contends that Rule 313(b) of the Rules of Criminal Procedure6 places the costs of change of venue on the county, not the defendant. Authority for imposing costs upon a defendant convicted of the charges against him is found in 19 P.S. § 1223, supra. . Included as a portion of the costs which may be imposed are the expenses of the district attorney. The Act of [200]*200August 9, 1955, P.L. 323, § 1403, 16 P.S. § 1403 (1965) provides as follows:
“All necessary expenses incurred by the district attorney or his assistants or any officer directed by him in the investigation of crime and the apprehension and prosecution of persons charged with or suspected of the commission of crime, upon approval thereof by the district attorney and the court, shall be paid by the county from the general funds of the county. In any case where a defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney in connection with such prosecution shall be considered a part of the costs of the case and be paid by the defendant.”
Rule 313(b), upon which appellant relies does not relieve him of responsibility for the costs of prosecution placed upon him by the above statutes in the event of his conviction. The rule provides: “All costs accruing from a change of venue shall be paid by the county in which the complaint was filed.” This rule does not operate to fix the costs upon the county instead of the defendant but, rather, determines as between the two counties which one shall initially bear the expense of a change of venue. It does not prevent the county from recouping the costs expended from the defendant upon conviction, but specifies which county has the responsibility of securing payment from the defendant. Our Supreme Court in Commonwealth v. Davy, 456 Pa. 88, 317 A.2d 48 (1974), interpreting Act of July 8, 1941, P.L. 288, § 24, 19 P.S. § 191.-247 a section of the Uniform Extradition Act similar to Rule 313(b), applied 19 P.S. § 1223, supra stating, the county under 19 P.S. § 1223, supra, may recoup from the defendant as a part of the costs of prosecution monies expended by the county in extraditing the defendant, although the costs of extradition are initially assessed against the county under 19 P.S. § 191.24, supra. Neither [201]*201statute excludes the costs accruing from a change of venue as part of the cost which may be imposed upon the defendant, nor does the rule relieve appellant from liability for these costs. Thus, the expenses of the Lycoming and Mercer County District Attorneys’ Offices, as well as the expenses incurred for the Commonwealth’s witnesses, may be recouped from appellant.

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Bluebook (online)
415 A.2d 406, 490 Pa. 194, 1980 Pa. LEXIS 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-coder-pa-1980.