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Amick v. State

Court of Appeals of Indiana

June 7, 2019

Lawrence Amick, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal 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 Indianapolis, Indiana

          BROWN, JUDGE.

         [¶1] 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.

         Facts and Procedural History

         [¶2] 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.

         Transcript Volume II at 178.

         [¶3] 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.

         [¶4] 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 ...


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