In every case wherein there is a conviction, the costs may be adjudged against the defendant.
History: Laws 1858-1859, p. 30; C.L. 1865, ch. 46, § 14; C.L. 1884, § 2506; C.L. 1897, § 3445; Code 1915, § 4450; C.S. 1929, § 105-2229; 1941 Comp., § 42-1304; 1953 Comp., § 41-13-4; Laws 1972, ch. 71, § 16.
ANNOTATIONSCross references. — For payment of fine or costs in installments, see 31-12-3 NMSA 1978.
Assessment of costs requires statutory authority. — The assessment of costs in criminal cases was unknown at common law and therefore requires statutory authority. State v. Valley Villa Nursing Ctr., Inc., 1981-NMCA-133, 97 N.M. 161, 637 P.2d 843; State v. Hudson, 2003-NMCA-139, 134 N.M. 564, 80 P.3d 501.
Statutes assessing costs must be strictly construed. — Since statutes authorizing costs in criminal cases are penal in nature, they must be strictly construed. State v. Valley Villa Nursing Ctr., Inc., 1981-NMCA-133, 97 N.M. 161, 637 P.2d 843.
Assessment of costs against state not authorized. Neither this section nor any other statutory provision provides for the recovery of costs against the state in a criminal case; the legislature has made a conscious determination that only a convicted defendant will be liable for costs. State v. Hudson, 2003-NMCA-139, 134 N.M. 564, 80 P.3d 501.
"Defendant" excludes defense counsel. — Strict construction of the term "defendant" precludes requiring defendant's counsel from paying costs. State v. Rivera, 1998-NMSC-024, 125 N.M. 532, 964 P.2d 93.
Specific provision in 31-20-6 NMSA 1978 controls over this section. — Since the legislature made a specific provision for costs as a condition of probation in Section 31-20-6 NMSA 1978, that specific provision controls over the general provisions of this section. State v. Ayala, 1981-NMCA-008, 95 N.M. 464, 623 P.2d 584.
Jury and bailiff costs not assessable against defendant. — Jury and bailiff costs are part of the general expense of maintaining a system of courts and the administration of justice and may not be assessed against a defendant if they were assessed independently of any condition of probation. State v. Ayala, 1981-NMCA-008, 95 N.M. 464, 623 P.2d 584.
Restitution may not be ordered as a cost of prosecution. — Where defendant was ordered as part of her sentence, following a guilty plea to the offense of forgery, to pay restitution for the costs of her extradition from New York, the restitution order could not have been authorized by the district court pursuant to this section because extradition costs fall under the same category of expenses required to administer a system of justice, and it is settled law that costs assessed against a defendant cannot include the general expense of maintaining a system of courts and the administration of justice. State v. George, 2020-NMCA-039.
No grand jury expenses. — Although the expense of a grand jury investigation may be unusual and bears a direct relation to the defendant, this section does not authorize the assessment of grand jury expenses since they are costs incurred before a criminal case is commenced and not costs in a case wherein there is a conviction. State v. Valley Villa Nursing Ctr., Inc., 1981-NMCA-133, 97 N.M. 161, 637 P.2d 843.
"Costs" given broad coverage. — Concerning jury fees, jury mileage, jury meals, bailiffs' mileage and sheriffs' costs, the word "costs," in this section, is broad enough to cover all costs. In the absence of a specific statute detailing what are proper items of cost in New Mexico or in the absence of a New Mexico supreme court case saying that jury fees, jury mileage, bailiffs' mileage and sheriffs' costs are not proper items of costs, same can continue to be charged as proper items of court costs. 1956 Op. Att'y Gen. No. 56-6554. See State v. Ayala, 1981-NMCA-008, 95 N.M. 464, 623 P.2d 584.
Includes collection of incidental fees. — Witness fees, witness mileage, docket fees and justice of the peace (now magistrate) fees are necessary and incidental costs that can be collected as court costs. 1956 Op. Att'y Gen. No. 56-6554. See State v. Ayala, 1981-NMCA-008, 95 N.M. 464, 623 P.2d 584.
Word "costs" undoubtedly means incidental costs, or those necessary costs spent by the state in the prosecution of the case. 1956 Op. Att'y Gen. No. 56-6554. See State v. Ayala, 1981-NMCA-008, 95 N.M. 464, 623 P.2d 584.
Section permits assessment of costs against defendant upon deferred sentence. — The authorization in this section that costs may be adjudged against the defendant, based on a conviction, permits assessment of costs against a defendant whose sentence is deferred. State v. Ayala, 1981-NMCA-008, 95 N.M. 464, 623 P.2d 584.
Effect of juvenile's conviction. — This section provides that costs may be assessed against a criminal defendant. If a juvenile were convicted of involuntary manslaughter, costs could be assessed against him, and if not paid he could be remanded to the custody of the county sheriff and be lodged in the county jail if he would not or could not pay the costs assessed against him. 1957 Op. Att'y Gen. No. 57-95.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 105 et seq.
Defendant in criminal prosecution, costs as chargeable to, 65 A.L.R.2d 854.
Validity of requirement that, as condition of probation, indigent defendant reimburse defense costs, 79 A.L.R.3d 1025.
Abatement of state criminal case by accused's death pending appeal of conviction - modern cases, 80 A.L.R.4th 189.
Recovery under state law of attorney's fees by law pro se litigant, 14 A.L.R.5th 947.
20 C.J.S. Costs § 51.