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Eliseo v. State

Court of Appeals of Indiana

July 25, 2014

MICHAEL B. ELISEO, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE WELLS CIRCUIT COURT. The Honorable Kenton W. Kiracofe, Judge. Cause No. 90C01-1206-FD-46.

ATTORNEY FOR APPELLANT: JILL M. ACKLIN, Westfield, Indiana.

ATTORNEY FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; RYAN D. JOHANNINGSMEIER, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. VAIDIK, C.J., concurs. RILEY, J., concurs in result.

OPINION

Page 779

OPINION - FOR PUBLICATION

MAY, Judge

Michael B. Eliseo appeals an order that he pay $300.00 for a supplemental public defender service fee and $166.00 in court costs. He asserts the trial court abused its discretion in imposing a public defender fee larger than $100.00 and erred in assessing the fee and costs without an explicit finding that he was able to pay. We affirm.

FACTS AND PROCEDURAL HISTORY

On June 8, 2012, the State charged Eliseo with Class D felony theft,[1] Class D felony receiving stolen property,[2] Class D felony aiding, inducing, or causing theft,[3] and Class D felony conspiracy to commit theft.[4] Eliseo pled guilty to Class D felony receiving stolen property. The trial court sentenced Eliseo to three years, with all of the sentence suspended to probation except for nine months to be served in the Department of Correction. The trial court also ordered Eliseo pay a public defender fee of $300.00 and court costs of $166.00.

DISCUSSION AND DECISION

1. Assessing the Public Defender Fee and Court Costs

Eliseo asserts the trial court abused its discretion by imposing fees without first holding a hearing to determine Eliseo's ability to pay. Ind. Code § 33-37-2-3 states:

(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the ...

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