from the Marion Superior Court The Honorable Elizabeth
Christ, Judge Trial Court Cause No. 49G24-1607-F6-27107
ATTORNEY FOR APPELLANT Talisha Griffin Marion County Public
Defender Agency Appellate Division Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Caryn N. Szyper Deputy Attorney General
Lawrence Amick appeals his sentence for forgery and auto
theft as level 6 felonies. He raises one issue which we
revise and restate as whether the trial court abused its
discretion in entering community corrections fees based on a
sliding scale. We remand.
and Procedural History
In July 2016, the State charged Amick with forgery and auto
theft as level 6 felonies. On October 23, 2018, the court
held a jury trial, and the jury found him guilty as charged.
On December 12, 2018, a sentencing hearing was held and Amick
was sentenced to 730 days in community corrections for each
count to be served concurrently. Amick's counsel then
questioned him regarding his employment, income, and
children. The following exchange then occurred:
[Defense Counsel]: Alright. Judge, I would ask the court to
find him indigent in regards to any additional fines, fees,
and cost, eligible for a sliding scale for home detention.
I'm assuming that the Thinking for a Change classes can
be offered through Community Corrections?
THE COURT: Yes.
[Defense Counsel]: Okay. So, I - I don't know if
there's a way that they can discount that or put that on
a sliding fee scale, but if they could, we request that.
THE COURT: The Court will not impose a fine. I am imposing
court cost in the amount of hundred and eighty-five dollars
($185.00). I'm imposing a one hundred dollar ($100.00)
Public Defender recoupment fee. I'm going to order the
cash bond refund applied to court cost, PD recoupment fee,
and then two hundred and ten dollars ($210.00) held for
Marion County Community Corrections fees that you'll be
incurring. I'm ordering Community Corrections to evaluate
you for sliding scale fees for the cost of your home
detention, and I have appointed pauper counsel for the
purpose of appeal.
Volume II at 178.
The sentencing order lists concurrent sentences of 730 days
for each count with zero days suspended. Under
"Sentencing Conditions," it lists "Community
Corrections" under "Condition" and
"sliding scale for fees" under
"Amount/Comment." Appellant's Appendix Volume
II at 12 (capitalization omitted). It lists "Home
Detention" and an effective date of December 12, 2018.
(12) It also lists certain "Court Costs and Fees"
and the corresponding amounts which totaled $285.
Id. at 13. An order titled "Order of Commitment
to Community Corrections (Sentencing location CCC)"
states that Amick was sentenced to 730 days executed in
Community Corrections and states "sliding scale for
fees" for community corrections with an effective date
of December 12, 2018. Id. at 165.
On December 13, 2018, the Marion County Community Corrections
("MCCC") filed a memo stating that a bond was
posted with the Marion County Clerk's Office on behalf of
Amick in the underlying cause and that he owed monetary
obligations to MCCC in the amount of $3, 680. It also
requested that the bond amount filed with the Clerk's
Office be transferred to it to apply toward the outstanding
balance of program costs associated with the services
provided to Amick. On ...