Andre C. Coleman v. State of Indiana, 2016 Ind. App. LEXIS 349

In June 2015 Coleman was found slumped in a car at Indianapolis Airport; officers observed signs of intoxication and arrested him for public intoxication (Class B misdemeanor).
At the initial hearing the trial court found Coleman indigent and appointed a public defender with an express finding of "no reimbursement required."
After a bench trial Coleman was convicted; the court sentenced him to 365 days with 363 suspended to probation and ordered alcohol/drug treatment; the sentencing order and probation order reflected $0 monetary obligations and indicated indigency for fines and costs.
The probation department’s case transaction later assessed $640 in fees, including a $50 supplemental public defender fee, a $250 alcohol and drug services fee, a $50 probation administrative fee, and $290 in probation user fees.
Coleman appealed the assessment of the supplemental public defender fee, probation fees, and the alcohol/drug services fee.

Issue	State's Argument	Coleman's Argument	Held
Whether a $50 supplemental public defender fee was properly imposed	The fee appeared on the case transaction summary	Trial court improperly imposed fee despite finding indigency and appointing counsel without reimbursement	Vacated: record shows trial court did not impose the fee; likely probation department error
Whether probation user/administrative fees could be imposed without an indigency hearing	Fees listed on probation order/case summary; such fees are statutorily permissible	Trial court abused discretion by imposing fees without conducting an indigency hearing after it found Coleman indigent at sentencing	Vacated and remanded: court must hold an indigency hearing before fees are enforced
Whether the alcohol and drug services fee ($250) was proper for a Class B misdemeanor	Fee appeared on probation paperwork as $250	$250 is incorrect for Class B misdemeanor (Class B should be lower)	Vacated pending indigency hearing; if Coleman is not indigent court should set fee at $150 (the correct Class B rate)
Whether the trial court abused discretion in imposing any fees reflected by probation department	Fees fall within statutory ranges if properly imposed following procedures	Trial court’s prior indigency statements require procedural safeguards before imposing fees	Remand for indigency hearing; fees vacated until properly imposed

Johnson v. State, 27 N.E.3d 793 (Ind. Ct. App. 2015) (trial court must conduct an indigency hearing before imposing fines or costs)
McElroy v. State, 865 N.E.2d 584 (Ind. 2007) (sentencing decisions reviewed for abuse of discretion)
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011) (fees imposed within statutory parameters are not an abuse of discretion)