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Dillman v. State

Court of Appeals of Indiana

February 6, 2014

THOMAS D. DILLMAN, Appellant-Petitioner,
v.
STATE OF INDIANA, Appellee-Respondent

Editorial Note:

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.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

VAIDIK, Chief Judge

Case Summary

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 ...


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