MEMORANDUM DECISION FILED
Sep 27 2017, 10:46 am
Pursuant to Ind. Appellate Rule 65(D), CLERK
this Memorandum Decision shall not be Indiana Supreme Court
Court of Appeals
and Tax Court
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Darren Bedwell Curtis T. Hill, Jr.
Marion County Public Defender Agency Attorney General of Indiana
Indianapolis, Indiana
J.T. Whitehead
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Aaron T. Coleman, September 27, 2017
Appellant-Defendant, Court of Appeals Case No.
49A02-1704-CR-670
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Ronnie Huerta,
Appellee-Plaintiff. Commissioner
Trial Court Cause No.
49G09-1511-F6-041287
Mathias, Judge.
[1] Aaron Coleman (“Coleman”) was assessed a $100 supplemental public
defender fee after a probation violation hearing at which he was found indigent
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to all outstanding balances. In this appeal, Coleman argues the trial court
abused its discretion when it imposed the $100 fee.
[2] We reverse and remand for the issuance of an amended sentencing order.
Facts and Procedural History
[3] Coleman was charged with one count of level 6 Felony theft on November 20,
2015. At the initial hearing held the same day, the trial found that Coleman was
able to pay the cost of representation, and he was ordered to pay a $100 fee to
the Supplemental Public Defender Service Fund. Coleman pleaded guilty and
was sentenced on March 21, 2016. On January 20, 2017, the Marion Superior
Court probation department sent the trial court a memorandum seeking
clarification on whether to assess certain fees against Coleman. A hearing was
set for March 8, 2017.
[4] At the hearing, the trial court asked Coleman about his financial situation.
After questioning Coleman, the trial court stated, “Alright, we’ll find you
indigent to any outstanding balances.” Tr. pp. 36–37. However, the sentencing
order1 from the March 8 hearing shows that the court assessed a $100
“Supplemental Public Defender Fee.” Appellants App. p. 19. Coleman now
timely appeals the imposition of the $100 fee.
1
The probation department filed a Notice of Probation Violation on March 7, 2017, therefore the March 8,
2017 hearing related to the probation violations and not the assessment of fees.
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Discussion and Decision
[5] Coleman’s sole argument on appeal is that the trial court abused its discretion
when it imposed the $100 supplemental public defender fee after finding
Coleman indigent to any outstanding balances. Decisions to levy fines, costs, or
fees are generally left to the trial court’s discretion, and we will only reverse if
we find an abuse. Langdon v. State, 71 N.E.3d 1162, 1163 (Ind. Ct. App. 2017).
As long as the fees imposed fall within the parameters provided by statute, we
will not find an abuse of discretion. Id.
[6] There are three Indiana statutes that directly address the imposition of public
defender fees, and the trial court has the discretion to use any of the three or a
combination thereof. Each of the three statutes require the trial court to make a
specific finding of a defendant’s ability to pay before assessing fees.2 A trial
court is not bound to the ability of a defendant to pay costs at a given time, but
rather, “[t]he court may review the finding of indigency at any time during the
proceedings.” Ind. Code § 35-33-7-6(d).
[7] When Coleman was initially charged, the trial court made a finding as to his
ability to pay when it originally assessed the $100 fee. Appellant’s App. p. 37.
However, at the March 8 hearing, the trial court explicitly found that Coleman
2
See Ind. Code § 35-33-7-6(a) (“[T]he judicial officer shall determine whether a person who requests assigned
counsel is indigent.”); Ind. Code § 33-40-3-6(a) (“If at any stage of a prosecution for a felony or misdemeanor
the court makes a finding of ability to pay the costs of the representation . . . the court shall require payment
by the person.”); Ind. Code § 33-37-2-3(a) (“[W]hen the court imposes costs, it shall conduct a hearing to
determine whether the convicted person is indigent.”).
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was indigent and stated that it would find Coleman “indigent to any
outstanding balances.” Tr. pp. 36–37. Therefore, it appears the trial court meant
to exercise its authority under Indiana Code section 35-33-7-6(d) to remove the
fee; however, the sentencing order does not accurately reflect this intention. See
Banks v. State, 847 N.E.2d 1050, 1052 (Ind. Ct. App. 2006) (finding that the trial
courts imposition of a public defender fee was in error because the defendant
was found indigent), trans. denied. Thus, the trial court abused its discretion in
assessing the fee in its sentencing order. 3
[8] We reverse the trial court’s imposition of the supplemental public defender fee
and remand for the issuance of an amended sentencing order.
Vaidik, C.J., and Crone, J., concur.
3
The State contends that the appeal is moot because “[t]he trial court’s order from March 8, 2017, under any
logical reasoning, already relieves Defendant of all of his outstanding, court-imposed, previously imposed,
monetary obligations.” Appellee’s Br. at 8. We agree with the State’s reading of the trial court’s order, but
disagree that the issue is moot. The trial court’s sentencing order assesses a $100 fee against Coleman.
Removing this fee would obviate Coleman’s obligation to pay. Therefore, the case is not moot; effective relief
can be rendered to Coleman, and the concrete controversy at issue has yet to be settled. Mosley v. State, 908
N.E.2d 599, 603 (Ind. 2009).
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