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Dillman v. State

Court of Appeals of Indiana

August 29, 2014

THOMAS D. DILLMAN, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MONROE CIRCUIT COURT. The Honorable Mary Ellen Diekhoff, Judge. Cause No. 53C05-0509-CM-3054.

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.

PYLE, Judge, FRIEDLANDER, J., and MATHIAS, J., concur.

Page 446

OPINION

PYLE, Judge

STATEMENT OF THE CASE

Appellant-Petitioner, Thomas D. Dillman (" Dillman" ), appeals the trial court's denial of his motion for the trial court to release his cash bond. At sentencing, the trial court ordered Dillman's cash bond to be released to pay for court costs and fees. Eight years later, Dillman filed a motion for the release of his cash bond, which the trial court denied. Dillman now argues, and the State concedes, that the trial court was not statutorily authorized to retain his cash bond. We conclude, however, that the trial court did not abuse its discretion in denying Dillman's motion because Dillman waived his argument, and the trial court's error was not fundamental.

We affirm.

ISSUE

Whether the trial court abused its discretion in denying Dillman's motion for the release of his cash bond.

FACTS

In September 2005, the State charged Dillman with one count of Class A misdemeanor operating while intoxicated and endangering persons; one count of Class A misdemeanor operating with a 0.15% blood alcohol content; and one count of Class C misdemeanor illegal consumption of an alcoholic beverage. At Dillman's initial hearing on September 12, 2005, the trial court set his bond at either a $7,000 surety or $700 cash. Dillman paid $700 cash and was released on bond two days later.

Subsequently, on November 23, 2005, Dillman pled guilty to Class A misdemeanor operating a vehicle while intoxicated. In exchange for Dillman's guilty plea, the State dismissed the two other charges against him. At the conclusion of the hearing, the trial court sentenced Dillman to one (1) year with all but two days suspended. In its order, the trial court also provided, " Defendant to pay costs and fees out of cash ...


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