Teresa L. Holder, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Marion Superior Court The Honorable Carol J.
Orbison, Senior Judge Trial Court Cause No.
ATTORNEYS FOR APPELLANT Valerie K. Boots Daniel Hageman
Marion County Public Defender Agency - Appellate Division
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Angela N. Sanchez Assistant Section Chief,
Criminal Appeals Indianapolis, Indiana
Teresa Holder ("Holder") appeals the fees imposed
for her disorderly conduct conviction. She argues the trial
court abused its discretion by imposing probation fees
without conducting an indigency hearing. She also argues that
the trial court erred by imposing a $100 public defender fee
on Holder when she was only charged with misdemeanors.
We reverse and remand.
and Procedural History
On August 29, 2017, Holder was having a get-together in her
back yard when uniformed officers from the Indiana
Metropolitan Police Department ("IMPD") entered.
The officers proceeded to arrest a man whom the officers
believed was armed and had committed a felony. Holder, who
was surprised and had been drinking, began to yell. Officers
directed her to quiet down, but she continued shouting.
Holder was handcuffed without physical incident, although she
did direct a variety of expletives at officers. She also told
officers that she did not have a weapon on her person, but if
she did have a weapon, she would use it on them.
After being handcuffed, Holder yanked away from an officer
and attempted to run toward the other individual being
arrested. The officer was able to take her to the ground
safely, but Holder continued to yell until officers placed
her in the back of an IMPD vehicle.
Holder was charged with resisting law enforcement as a class
A misdemeanor and disorderly conduct as a class B
misdemeanor. After a bench trial held on March 26, 2018, the
trial court found Holder guilty of disorderly conduct. The
trial court then proceeded immediately to sentencing,
ordering Holder to 180 days of jail time, with credit for six
days served, and the remaining 174 days suspended, with
ninety days of non-reporting probation. Although the trial
court made no inquiry into Holder's ability to pay, did
not hold an indigency hearing and did not make any mention of
court cost and fees, the written sentencing order imposes
sixteen separate fees amounting to $395, including probation
fees amounting to $160. The trial court also imposed $100 in
public defender fees. In an unexplained discrepancy from the
sentencing order, the chronological case summary
("CCS") notes fees of $445, but also shows $160 of
Holder completed her community service on April 26, 2018 and
paid $195 of her financial obligation. On May 16, 2018, the
Marion County Probation Department filed a memo with the
trial court, requesting that Holder's bond money be
applied to her $395 financial obligation. On May 25, 2018,
the Probation Department filed a request for discharge,
recommending Holder be discharged from probation as scheduled
on June 23, 2018. Probation also requested a hearing to
address Holder's outstanding financial obligation. The
trial court approved the probation department's request
for discharge; however, as of the date of appeal, no hearing
had been set to address the outstanding balance shown on the
CCS in the amount of $250.
Holder appeals, arguing that the trial court erred in two
ways. First, Holder argues that the trial court committed
error by imposing fees without conducting an indigency
hearing. She additionally argues that the trial court erred
by imposing a felony-level public defender fee of $100 when
she was only charged with misdemeanors.
Indiana Code section 33-37-2-3 provides the trial court with
great flexibility in imposing costs. Berry v. State,
950 N.E.2d ...