from the Marion Superior Court The Honorable Rebekah F.
Pierson-Treacy, Judge The Honorable Ronnie Huerta,
Commissioner Trial Court Cause No. 49G19-1512-CM-45644
Attorney for Appellant Valerie K. Boots Marion County Public
Defender Agency Indianapolis, Indiana.
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Eric P. Babbs Deputy Attorney General
of the Case
Jose Arcia De La Cruz appeals the imposition of probation
fees after his conviction, following a bench trial, for
operating a vehicle while intoxicated, as a Class C
misdemeanor. He raises one issue on appeal, namely, whether
the trial court abused its discretion when it allowed the
probation department to assess probation fees against him. In
response, the State contends that De La Cruz' appeal is
We disagree that this appeal is moot. On the merits, we
reverse the trial court's order that the probation
department assess probation fees, and we remand with
instructions to vacate the imposition of probation fees and
order reimbursement of those fees.
and Procedural History
On December 23, 2015, the State charged De La Cruz with
operating a vehicle while intoxicated endangering a person,
as a Class A misdemeanor, and operating a vehicle with an ACE
of .15 or more, as a Class A misdemeanor. The trial court
appointed counsel for De La Cruz based on his indigency, with
no requirement for reimbursement. On September 29, 2016, the
trial court conducted a bench trial and found De La Cruz
guilty of only the lesser-included offense of operating a
vehicle while intoxicated, as a Class C misdemeanor. The
trial court then sentenced De La Cruz to sixty days in jail,
with fifty-six days suspended, and to an additional 180 days
of "non-reporting" probation. Tr. at 37.
During sentencing, the trial court questioned De La Cruz
about his finances as follows:
Court: . . . What is your weekly income, sir?
De La Cruz: About three or four hundred dollars, but work has
gone down so I don't have work right now.
Court: How much did you earn last week?
De La Cruz: Last week I didn't work. There ...