Andre C. Coleman, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff
from the Marion Superior Court The Honorable Allan W. Reid,
Commissioner The Honorable Linda E. Brown, Judge Trial Court
Cause No. 49G10-1506-CM-20752
ATTORNEY FOR APPELLANT Suzy St. John Marion County Public
Defender Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of
Indiana Paula J. Beller Deputy Attorney General Indianapolis,
Following a bench trial in Marion Superior Court, Andre
Coleman ("Coleman") was convicted of Class B
misdemeanor public intoxication. He was ordered to serve 365
days in jail with 363 days suspended to probation. Coleman
presents two issues on appeal, which we restate as whether
the trial court abused its discretion in imposing a
supplemental public defender fee, probation fees, and a drug
and alcohol treatment fee.
We vacate the imposition of the supplemental public defender
and probation fees and remand for proceedings consistent with
and Procedural History
At approximately 1:20 a.m. on June 13, 2015, Indianapolis
Airport Police Officer Julianna Matthews ("Officer
Matthews") was out on patrol when she noticed a car
parked in the shoulder along the airport's North Access
Road. Officer Matthews was concerned because the car was
protruding about two or three feet into the roadway, so she
stopped to investigate. As she approached the car and knocked
on its window, Officer Matthews encountered Coleman in the
driver's seat, who appeared to have been asleep. Coleman
rolled down the window and spoke slowly to Officer Matthews.
He was unable to keep his eyes open or his head still.
Coleman admitted to drinking a "couple of beers"
but stated that he was not intoxicated. Tr. p. 7. Based on
this behavior, Officer Matthews believed that Coleman was
under the influence and proceeded to conduct standardized
field sobriety tests after Officer Tyler Frankel
("Officer Frankel") arrived at the scene.
Coleman attempted to complete the first test but failed.
Officer Matthews tried to administer two more sobriety tests,
but Coleman failed because he refused to complete either
test. Officer Matthews then arrested Coleman for public
intoxication and due to an active warrant in an unrelated
case. Appellant's App. p. 12.
On June 13, 2015, the State charged Coleman with two counts
of Class B misdemeanor public intoxication. That same day,
the trial court held an initial hearing and found Coleman to
be indigent. After a thorough examination of Coleman's
financial situation, the court appointed an attorney at
public expense with no reimbursement requirement.
Appellant's App. p. 17.
On September 21, 2015, a bench trial was held, and the trial
court took the issue under advisement. The trial court found
Coleman guilty on both counts and merged Count II into Count
I on October 5, 2015. On September 26, 2015, the trial court
held a sentencing hearing and ordered Coleman to serve 365
days in jail with 363 days suspended to probation and to take
an alcohol and drug treatment class. Upon Coleman's
completion of the class, his probation would become
non-reporting. At the sentencing hearing, the trial court
found Coleman indigent as to fines and costs. Tr. p. 34.
Coleman asked the court if he had to pay for the alcohol and
drug treatment class to which the court responded, "Yes,
yeah." Tr. p. 33. However, the court never inquired
about Coleman's financial situation at this time.
The trial court's sentencing order also did not list a
public defender fee or any other court costs or fees.
Appellant's App. p. 11. Although the sentencing order
indicated that Coleman was required to participate in alcohol
and drug treatment as part of his sentence, his total
monetary obligation totaled $0. Id. The order of
probation also indicated that Coleman was required to
complete an alcohol and drug treatment program. However, the
order of probation did not designate an amount owed for
probation user fees. Appellant's App. p. 27.
One day after sentencing, Coleman was charged $640 in court
fees, which included a $50 supplemental public defender fee.
The case transaction showed a breakdown of all of the fees
including: a $250 alcohol and drug service program user fee,
a $50 adult probation administrative fee, a $50 supplemental
public defender fee, and a $290 adult probation user fee. On
April 22, 2016, Coleman's balance remained at $640.
Coleman now appeals.
Sentencing decisions include decisions to impose fees and
costs. Johnson v. State,27 N.E.3d 793, 794
(Ind.Ct.App. 2015). We review a trial court's sentencing
decision for an abuse of discretion. McElroy v.
State,865 N.E.2d 584, 588 (Ind. 2007). An abuse of
discretion has occurred when the sentencing decision is
clearly against the logic and effect of the facts and
circumstances before the court, or the reasonable, probable,
and actual deductions to be drawn therefrom. Id.
(quotations omitted). "If the fees imposed by the trial