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Langdon v. State

Court of Appeals of Indiana

March 10, 2017

Darren D. Langdon, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Marion Superior Court The Honorable David J. Certo, Judge Trial Court Cause No. 49G12-1508-CM-30166

          Attorney for Appellant Suzy St. John Marion County Public Defender Indianapolis, Indiana.

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Christina D. Pace Deputy Attorney General Indianapolis, Indiana.

          Pyle, Judge.

         Statement of the Case

         [¶1] During Darren Langdon's ("Langdon") initial hearing, the trial court ordered him to pay a $50.00 supplemental public defender fee. Following the sentencing hearing, the trial court ordered Langdon to pay a second $50.00 supplemental public defender fee. Langdon claims that the trial court lacked statutory authority to impose the second fee. We agree and reverse the trial court's imposition of the second fee.

         [¶2] We reverse and remand for the issuance of an amended sentencing order.

         Issue

         The sole issue for our review is whether the trial court abused its discretion when it imposed the second $50.00 supplemental public defender fee following the sentencing hearing.

         Facts

         [¶3] In August 2015, the State charged Langdon with Class A misdemeanor battery resulting in bodily injury[1] after he was involved in a physical altercation with his supervisor. At Langdon's initial hearing, the trial court found him to be indigent and appointed a public defender to represent him. The trial court also imposed a $50.00 public defender fee, which Langdon paid the following day. Langdon also posted a $150.00 cash bond.

         [¶4] The trial court convicted Langdon as charged following a May 2016 bench trial and sentenced him to time served following a June 2016 sentencing hearing. Also at the sentencing hearing, the trial court suspended Langdon's $185.00 court costs, found him to be indigent, and appointed a public defender should he decide to pursue an appeal. In a Marion County sentencing order form issued three days later, the trial court ordered Langdon to pay a second $50.00 supplemental public defender fee. The sentencing order form cited Indiana Code §§ 33-37-4-1, -4 and 33-37-5-19 as authority for the imposition of this second fee. Langdon now appeals the imposition of this fee.

         Decision

         [¶5] Langdon's sole argument is that the trial court abused its discretion when it imposed the second $50.00 supplemental public defender fee in the written sentencing order. Sentencing decisions, including decisions to impose restitution, fines, costs, or fees, are generally left to the trial court's discretion. Berry v. State, 950 N.E.2d 798, 799 (Ind.Ct.App. 2011). If the fees imposed by ...


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