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 ...