from the Marion Superior Court The Honorable Alicia Gooden,
Judge Trial Court Cause No. 49G21-1610-F4-41626
ATTORNEY FOR APPELLANT Matthew D. Anglemeyer Indianapolis,
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Justin F. Roebel Supervising Deputy Attorney
General Indianapolis, Indiana
of the Case
Kristofer Polk ("Polk") was convicted of three
felonies. For one of those felonies, the trial court imposed
an eight-year sentence, with six years executed and two years
suspended, and ordered that he serve one year on probation.
The trial court found Polk indigent as to fines and costs,
did not impose probation fees, and ordered the probation
department to conduct a financial assessment. Polk contends
that the trial court's directive to the probation
department to conduct a financial assessment was an improper
delegation of the trial court's authority to impose
probation fees. Based on the alleged improper delegation of
authority, he requests that we remand his case to the trial
court to determine the amount of probation fees and to
conduct an indigency hearing regarding his ability to pay.
We agree that remand to the trial court is necessary but not
for the reason suggested by Polk. Because the trial court
placed Polk on probation for a felony conviction, the trial
court was statutorily required to impose probation fees.
Here, however, the trial court did not impose probation fees.
We also agree that the trial court will be required to hold
an indigency hearing. Accordingly, we remand with
instructions for the trial court to impose the
statutorily-mandated probation fees for Polk's felony
conviction and to hold an indigency hearing, at the latest,
upon the completion of Polk's sentence.
the trial court abused its discretion when it did not impose
probation fees and ordered the probation department to
conduct a financial assessment.
In January 2017, following a jury trial, Polk was found
guilty of Level 4 felony unlawful possession of a firearm by
a serious violent felon, Level 5 felony possession of
cocaine, and Level 6 felony resisting law
enforcement.Thereafter, the trial court imposed an
eight (8) year sentence for Polk's Level 4 felony
conviction, with four (4) years executed in the Indiana
Department of Correction, two (2) years executed on Community
Corrections, two (2) years suspended, and one (1) year of
probation; a three (3) year sentence for his Level 5 felony
conviction to be served concurrently to the eight-year
sentence; and a one (1) year sentence for his Level 6 felony
conviction to be served consecutively to his eight-year
sentence. Thus, the trial court imposed an aggregate
nine-year sentence. When imposing this sentence, the trial
court found Polk to be "indigent as to fines and costs[,
] . . . ordered a sliding scale for Community Corrections[, ]
and order[ed] Probation to do a financial assessment."
(Tr. Vol. 3 at 104).
During the sentencing hearing, the trial court made no
comment about the amount of probation fees that it was going
to impose. Additionally, in its written sentencing order, the
trial court did not impose probation fees. Instead, the
sentencing order, under the "Amount/Comment"
section of "Part IV Sentencing Conditions[, ]"
provided, in relevant part, that: Polk would be subject to
the "standard terms and conditions]" of probation;
"Probation shall conduct financial assessment[;]"
and the trial court was "assessing Court Costs and Fees
in the amount of $0.00[.]" (App. Vol. 2 at 7). The trial
court's probation order was also silent on the specific
amount of probation fees to be imposed. The probation order
contained a "Standard Condition" that Polk would be
required to "pay all Court-ordered fines, costs, fees
and restitution as directed." (App. ...