dissenting:
This case arises out of various criminal charges made against the appellants. Appellants Gill, Dremsek and Kicie-linski were charged with offenses involving prostitution, 18 Pa.C.S. § 5902, arising from the operation of the “Spartacus Lounge” in McKees Rocks. Appellant Clipp was charged with aggravated assault, 18 Pa.C.S. § 2702. On September 25, 1978, all of these appellants entered guilty pleas to reduced charges. The Honorable Bernard J. McGowan imposed sentence, which in each case consisted of a suspended sentence, various fines and payment of costs.
Appellants Clarke, Cutsinger, Levey and Potts were similarly charged with various offenses of prostitution 18 Pa.C.S. § 5902, and criminal conspiracy, 18 Pa.C.S. § 903, arising from activities at the “Hilltop Meditation Center” in Pittsburgh. These appellants also entered various pleas of guilty before Judge McGowan on September 25, 1978. The court immediately imposed sentence, which, again, consisted of a suspended sentence, various fines and costs.
A “Court Fee” in the amount of sixty ($60.00) dollars, in addition to other charges, was assessed by the Clerk of Courts against Appellants Levey, Clarke and Cutsinger. Appellants Gill, Clipp, Kicielinski, Dremsek and Potts were assessed a “Court Fee” of eighty ($80.00) dollars, as well as other fees.
All of the appellants paid their respective fines and costs on the day of sentence or the following day. Each of them then filed Exceptions to the Bill of Costs and, subsequently, Amended Exceptions. All of the Exceptions were denied by the Honorable Robert E. Dauer on August 13, 1979.
*555Costs must not be assessed except as authorized by law, Commonwealth v. Houck, 233 Pa.Super. 512, 335 A.2d 389 (1975); and the burden of justifying, by a preponderance of the evidence, costs imposed upon a defendant rests upon the Commonwealth. Commonwealth v. Coder, 490 Pa. 194, 202, 415 A.2d 406, 410 (1980).
I believe that the Commonwealth met its burden of justifying the costs in these cases. Accordingly, I would affirm the well-considered Opinion of Judge Dauer.