State v. Morgan, 259 N.C.App. 179, 814 S.E.2d 843 (Apr. 17, 2018)

Because the defendant was not given notice and an opportunity to be heard as to the final amount of attorneys’ fees that would be entered against him, the court vacated the civil judgment entered pursuant to G.S. 7A-455 and remanded to the trial court. At sentencing, the trial court may enter a civil judgment against an indigent defendant for fees incurred by the defendant’s court-appointed attorney. However, before entering judgment the trial court must give the defendant notice and opportunity to be heard regarding the total amount of hours and fees claimed by court-appointed counsel. Although the trial court discussed attorneys fees with the defendant’s appointed attorney in the defendant’s presence, the trial court did not ask the defendant whether he wished to be heard on the issue. Additionally, while the exchange reveals that the appointed lawyer claimed seven hours of work, the record contains no evidence that the defendant was notified of and given an opportunity to be heard regarding the total amount of fees that would be entered.