Berry v. State
2011 Ind. App. LEXIS 1148
| Ind. Ct. App. | 2011Background
- Berry was found indigent at initial hearing and assigned counsel.
- He pled guilty to class A felony aiding meth manufacture; other charges dismissed.
- He was sentenced to 30 years (20 suspended) and ordered $100 public defender fee, $364 in court costs, and $10,000 restitution.
- Berry appeals the $100 fee and the $364 costs as legally unsupported.
- Court agrees the fee and costs require statutory support and ability-to-pay considerations, and remands for determinations and clarifications.
- Statutory framework discussed: 35-33-7-6 governs public defender fees with an ability-to-pay finding; 33-37-2-3 governs court costs adequacy and indigency procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public defender fee legality without ability-to-pay finding | Berry argues no ability-to-pay finding. | State says 35-33-7-6 authorizes the $100 fee. | Remanded for ability-to-pay determination. |
| Statutory basis and indigency handling for $364 in court costs | Berry asserts statutory basis for costs unclear. | State contends costs are mandated by statute. | Remanded to identify statutory authority for $364 costs. |
Key Cases Cited
- Banks v. State, 847 N.E.2d 1050 (Ind. Ct. App. 2006) (indigency hearing and ability to pay required for fees)
- Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009) (indigency considerations and fees context; ripeness discussed)
- Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008) (indigency hearings and cost assessment timing)
- Whedon v. State, 765 N.E.2d 1276 (Ind. 2002) (nonpayment sanctions and indigency timing guidance)
- Owens v. State, 947 N.E.2d 482 (Ind. Ct. App. 2011) (ability to pay considerations where costs relate to probationary conditions)