THOMAS D. DILLMAN, Appellant-Petitioner,
STATE OF INDIANA, Appellee-Respondent
These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE MONROE CIRCUIT COURT. The Honorable Marc R. Kellams, Judge. Cause No. 53C02-0301-FD-27.
THOMAS D. DILLMAN, Appellant, Pro se, Branchville, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JUSTIN F. ROEBEL, Deputy Attorney General, Indianapolis, Indiana.
VAIDIK, Chief Judge. RILEY, J., and MAY, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
VAIDIK, Chief Judge
Thomas D. Dillman, pro se, appeals the trial court's
denial of his motion for release of bond. Because the charges against Dillman
were dismissed in this case and there was no agreement for the trial court to
apply the $500 cash bond in this case to the costs in another cause number, the
trial court erred in denying Dillman's motion for release of bond. Dillman is
entitled to his $500 cash bond. We therefore reverse and remand.
Facts and Procedural History
On January 8, 2003, the State charged Dillman with
Class D felony assisting a criminal and Class B misdemeanor visiting a common
nuisance in this case, Cause No. 53C02-0301-FD-27 (Cause No. 27). Bond was set
at $2000 surety and $500 cash. On November 17, 2003, these charges were
dismissed in exchange for Dillman pleading guilty to Class C misdemeanor
illegal transportation of alcohol by a minor in Cause No. 53C02-0303-CM-756
(Cause No. 756). Appellant's App. p. 3; Tr. p. 4, 10. When these charges were
dismissed, Dillman's attorney asked that the cash bond in this case be used to
pay the costs and fees in Cause No. 756. Tr. p. 10-12. Dillman gave the trial
court his current address in case there was any remaining bond to be returned to
him. Id. at 13 (Dillman giving his address as Duncan Road in Bloomington). Based
on this arrangement between the parties, the trial court's CCS entry in this
case provides, "Clerk is directed to release any cash bond and apply same to
costs under [Cause No. 756] with remainder to defendant." Appellant's App. p. 3
(November 17, 2003 CCS entry).
But because the costs in Cause No. 756 had already
been paid, on December 2, 2003, the Monroe County Clerk sent the $500 cash bond
to Dillman on Duncan Road in Bloomington by certified mail. See id. ("Clerk
notes that costs in [Cause No. 756] have been paid and therefore refunds bond
under this cause to the defendant by certified mail.") (December 2, 2003 CCS
entry); Appellant's "Reply" App. p. 6-7 (certified mail containing bond
check returned to clerk after only one attempt to Duncan Road). The Monroe
County Clerk then placed the money in trust.
Almost seven years later, on October 21, 2010, the
Monroe County Clerk filed a motion in this case entitled "Clerk Requests Court's ...