This is an appeal from judgment of sentence entered May 19, 1994 for retail theft.
1. Did the trial court err in imposing the costs of prosecution on appellant without first determining [the] amount and method of payment as well as appellant’s ability to pay and was trial counsel ineffective for [failing] to object or preserve the issue for appeal.
On March 25, 1994, following trial by jury, appellant was convicted of one count of retail theft. The conviction resulted from allegations that on February 24, 1993, appellant absconded from Kaufmann’s store, in Pittsburgh, PA, with cookware valued at $299.99. Appellant was sentenced to twenty (20) to forty (40) months imprisonment and required to pay the costs of prosecution. No post-sentencing motions were filed. On June 3, 1994, appellant filed notice of appeal to this court.
Appellant contends that trial counsel was ineffective for failing to object to the trial court’s imposition of the costs of prosecution on appellant, following his conviction.
A defendant who has been convicted of a crime, is hable for the costs of prosecution, as authorized by statute. Commonwealth v. Coder,
Appellant, however, directs this court to Pa.R.Crim.P. 1407(c) which provides:
The court, in determining the amount and method of payment of a fine or costs shall, insofar as is just and practicable, consider the burden upon the defendant by reason of his financial means, including his ability to make restitution or reparations.
In Commonwealth v. Hightower, we stated that the rules of statutory construction may be applied to interpret the rules of criminal procedure. Commonwealth v. Hightower,
Here, the rules of statutory construction indicate that Pa.R.Crim.P. 1407 deals in its entirety with a defendant’s default from payment of a fine or the costs of prosecution. Rule 1407(a) of the Pennsylvania Rules of Criminal Procedure, precludes a court from imprisoning a defendant for failure to pay a fine or costs unless, following a hearing, the court determines that the defendant is capable of paying the sums due. In part (b), the statute goes on to outline the forms of relief that the court may provide where it determines that the defendant lacks the financial means to pay the sums due,
As the provisions of the statute which precede and follow Pa.R.Crim.P. 1407(c) set forth procedure regarding default on payment of costs or fines, we can only conclude that Pa.R.Crim.P. 1407(c) addresses the standard which the court must use in reviewing the defendant’s default. But see Commonwealth v. Mead,
Affirmed.
Notes
. 18 Pa.C.S. § 3929(a)(1).
. We note that once the Commonwealth has furnished a bill of costs, the defendant may file exceptions to the bill on grounds that it is incorrect or that the costs are unduly burdensome to the defendant. See, e.g., Coder,
