MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Nov 15 2017, 9:19 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
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
Lyubov Gore
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Michael Stickles, November 15, 2017
Appellant-Defendant, Court of Appeals Case No.
49A05-1703-CR-506
v. Appeal from the Marion Superior
State of Indiana, Court
Appellee-Plaintiff. The Honorable Angela Dow
Davis, Judge
Trial Court Cause No.
49G16-1611-F6-45066
Mathias, Judge.
[1] Michael Stickles (“Stickles”) appeals from the trial court’s order approving a
probation department memorandum concerning the assessment of probation
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fees. However, because the trial court has subsequently found Stickles indigent
to all probation fees, we dismiss this appeal as moot.
Facts and Procedural History
[2] After a bench trial on February 9, 2017, Stickles was found guilty of Class A
misdemeanor domestic battery. At the sentencing hearing immediately
following the trial, Stickles was sentenced to 305 days of non-reporting
probation. During the hearing, the following exchange took place:
[Court]: I hope that you are successful. I’ll do no fines, no
court costs. You’ve got enough issues.
[Counsel]: Would the Court be willing to fin[d] Mr. Stickles
indigent of the costs of probation?
[Court]: Yes.
Tr. p. 57.
[3] Eight days later, the probation department sent the trial court a memorandum
containing the following relevant information:
Appellant’s App. p. 38. Four days after receiving the memorandum, the trial
court issued a signed order that indicated:
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Id. at 39.
[4] On June 14, 2017, the CCS specified that the trial court amended Stickles’s
sentence by waiving a previously imposed $50 domestic violence prevention
fee. On the same day, the trial court also found Stickles “Indigent as to Fines
and Costs,” and specifically indicated “probation fees.” Stickles now appeals.
Discussion and Decision
[5] Stickles’s sole argument on appeal is that the trial court abused its discretion
when it authorized the probation department to impose fees after Stickles was
found indigent to all fees during sentencing.
[6] We initially note that the record does not reveal whether the probation
department fees outlined in the memorandum and approved by the trial court
were ever actually imposed. Stickles points out, “The record does not reflect
that probation followed through and imposed the $250 user’s fee.” Appellant’s
Br. at 7.
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[7] Further, although not cited by either party,1 the trial court made a specific
finding on June 14 that Stickles is indigent to all probation fees. Therefore,
because the fees were never imposed, and the trial court has since made an
explicit finding that Stickles is indigent to all probation fees, Stickles has
received the relief he sought, and as such, his appeal is dismissed as moot. Jones
v. State, 847 N.E.2d 190, 200 (Ind. Ct. App. 2006), trans. denied.
Vaidik, C.J., and Crone, J., concur.
1
Indiana Evidence Rule 201(b)(5), as amended effective January 1, 2010, “permits courts to take judicial
notice of ‘records of a court of this state[.]’” Horton v. State, 51 N.E.3d 1154, 1160 (Ind. 2016). Court records
are presumptively sources of facts “that cannot reasonably be questioned” “in the absence of evidence
tending to rebut that presumption.” Id. at 1161.
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