Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF DENT COUNTY Honorable Brandi L.
Baird, Associate Circuit Judge
JEFFREY W. BATES, J.
Banderman (Banderman) had two separate jail board bills taxed
as court costs in her criminal case. She appeals from the
denial of her motion to retax costs. Because there is no
statutory authority to treat jail board bills as court costs,
the trial court's ruling is reversed, and the cause is
remanded with instructions.
and Procedural Background
January 2016, Banderman was charged by information with
misdemeanor stealing. In September 2016, a $3, 000 surety
bond was posted. In November 2016, Banderman pled guilty to
misdemeanor stealing and was sentenced to serve 30 days in
the county jail. She received credit for 30 days already
served. The judgment ordered Banderman to pay all court costs
by February 2, 2017. Thereafter, the circuit clerk prepared a
fee report that taxed $118.50 in statutory costs and $1, 400
for a jail board bill that Banderman incurred as the result
of her 30-day jail sentence.
February 2, 2017, Banderman had not paid the assessed court
costs in the amount of $1, 518.50. A failure-to-appear
warrant was issued. That warrant was served in March 2017.
10, 2017, Banderman posted a 10% cash $2, 000 bond in her
name only and deposited $200 with the trial court. After
listing a number of bond conditions, the bond form stated:
If the above conditions are followed, the defendant will be
released from this bond and any cash or securities deposited
will be returned to the defendant or the assignee,
less any fines, court costs, restitution and various
other fees which will be deducted from the cash bond before
any money will be refunded.
emphasis in original.) On May 11, she signed a "Release
of Bond" form, which released the bond for payment of
her court costs and board bill.
October 19, 2017, a payment-review hearing was held, and
another failure-to-appear warrant was issued. This warrant
set bond at $5, 000 (cash only) and stated that Banderman
could pay the outstanding balance of costs in the amount of
$3, 478.50 in lieu of court appearance. Another
payment-review hearing was held on December 14, 2017. After
Banderman's bond was modified, she posted a 10% cash $5,
000 bond in her name only and deposited $500 with the court.
This bond form contained the same language, quoted above,
concerning various fees that could be deducted before any
money would be refunded.
March 2018, Banderman's counsel filed a motion to retax
costs. The motion asked the trial court to reduce court costs
by $3, 560 because there was no statute authorizing a jail
board bill to be taxed as costs. Banderman requested a refund
of $581.50 because she had deposited $700 with the trial
court, but only $118.50 in statutory costs were assessed
April 26, 2018, the trial court held a hearing on the motion
to retax costs. The court denied the motion and ordered the
$500 bond money deposited with the court in December 2017 be
applied toward the unpaid, assessed court costs. Banderman
filed her notice of appeal the next day.
presents three points on appeal, which collectively challenge
the assessment of the two jail board bills as court costs in
her criminal case. We can address all of those challenges
together because the outcome of this appeal is dictated by
our Supreme Court's ...