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Riley v. State

Court of Appeals of Indiana

July 8, 2019

Mark Riley, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court Cause No. 49G14-1708-F6-29694 The Honorable Jose Salinas, Judge

          Attorney for Appellant Talisha Griffin Marion County Public Defender Agency Indianapolis, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana

          ROBB, JUDGE.

         Case Summary and Issue

         [¶1] Mark Riley's bail was increased after he failed to appear at a pre-trial conference because he was incarcerated on another matter. Riley appeals the trial court's order, raising the following restated issue for our review: whether the trial court abused its discretion by imposing an additional amount of bail without request or evidence supporting the increase. Concluding the trial court abused its discretion because the increase was ordered in contravention of statutory requirements, we reverse.

         Facts and Procedural History

         [¶2] On August 12, 2017, Riley was arrested after officers responded to a call from a gas station about a possible overdose and he was found to be in possession of heroin and a syringe. Riley posted a $250 cash bond and was released from jail. On August 14, the trial court found probable cause and ordered bond set at the $250 cash posted. The State charged Riley with unlawful possession of a syringe and possession of a narcotic drug, both Level 6 felonies, in Marion Superior Court.

         [¶3] Riley did not personally appear at a pre-trial conference set for July 25, 2018, although his public defender appeared on his behalf. On that date, Riley was in the Marion County Jail serving a sentence in another case. The court had the following discussion:

[Bailiff]: He's not being held on our case. So that's most likely why he wasn't brought over, Judge.
[Court]: Okay. Interesting. All right. Well, we will just reset this then. . . .
[Bailiff]: Should we put a bond on him so they'll bring him?
* * *
[Defense Counsel]: I don't think we can hold him if it's just because the jail is not bringing him over ...

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