from the Marion Superior Court Trial Court Cause No.
49G17-1610-CM-42782 The Honorable Christina R. Klineman,
ATTORNEY FOR APPELLANT Rory Gallagher Marion County Public
Defender Appellate Division Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Angela Sanchez Supervising Deputy Attorney General
Whitaker appeals the imposition of fees by the probation
department. He raises one issue which we revise and restate
as whether the trial court erred in releasing his bond in the
amount of $740. We reverse and remand.
and Procedural History
On October 31, 2016, the State charged Whitaker under cause
number 49G17-1610-CM-42782 ("Cause No. 782") with
domestic battery and battery resulting in bodily injury as
class A misdemeanors. The court held a bench trial and found
Whitaker guilty of domestic battery.
On May 2, 2017, the court held a sentencing hearing for the
conviction under Cause No. 782 as well as a hearing on a plea
to invasion of privacy as a class A misdemeanor under cause
number 16046715 ("Cause No. 715"). The court found
Whitaker guilty of invasion of privacy under Cause No. 715
and stated: "I'll find you indigent for fines and
costs and close out this matter." Transcript Volume II
at 65. The court then turned to sentencing in Cause No. 782.
Whitaker's mother testified that Whitaker worked for a
sheet metal company, was doing a job in Columbus, Ohio, and
he was working in Ohio through the week and coming home on
weekends. Whitaker stated that he was letting his ex-wife
live in his condo. Upon questioning by the court, Whitaker
indicated that he had housing in Columbus, Ohio, that he
lived with friends and family in Indiana, and that he pays
$900 a month for his ex-wife to live in his condo. The court
sentenced him to 365 days with 359 days suspended, placed him
on probation for 359 days, and ordered him to complete a
substance abuse evaluation and treatment. It also stated that
if he successfully completed treatment, then probation would
become non-reporting. The court did not mention probation
fees at the sentencing hearing.
The same day, the court entered a sentencing order. Under the
heading "CONFINEMENT COMMENTS, " the order states
in part: "Defendant is placed on probation for 359 days.
Substance Evaluation and Treatment if deemed necessary.
Defendant is permitted to travel for work. No Drug Hotline.
Probation shall become non reporting upon completion of
Substance Evaluation and Treatment. Probation and Substance
Abuse fees are sliding scale." Appellant's Appendix
Volume II at 15. The order also states: "The Court is
assessing Court Costs and Fees in the amount of $0.00 and a
Monetary Award (if applicable) in the amount of $. The
authority for this Order and the breakdown of the costs and
fees are as follows and are found in Indiana Code, Sections
33-37-4-1, -4 and 33-37-5-19." Id. at 16. Under
the preprinted headings "MONETARY OBLIGATIONS" and
"Court Costs and Fees, " the value of
"$0.00" and total value of "$0.00" are
An order of probation was also filed that same day,
In addition to the monetary conditions, you must also pay the
costs of any of the following Court-ordered programs as
Substance Abuse Evaluation & Treatment
* * * * *
Sliding Scale for Probation Fees / DVC Classes / SAET
Id. at 48. The order of probation also included the
A Bond Release Memo filed on June 2, 2017, from a probation
officer addressed to the trial court, states in part:
A bond was posted with the Marion County Clerk's Office
on the behalf of the above named defendant and cause. The
defendant currently owes monetary obligations under this
Cause in the amount of $740.00.
The probation Department respectfully requests that the bond
be transferred to the Marion Superior Court Probation
Department to apply towards the outstanding balance of ...