Background

• Williams was convicted by jury of carrying a handgun without a license (Class A misdemeanor) after a loaded handgun he left in a rental car was found; he was sentenced to 2 days executed and 363 days suspended to probation and 45 hours community service.
• At sentencing the court heard the parties' recommendations; State sought no jail, community service, probation to terminate upon payment of fees; defense noted Williams worked ($14/hour, 40 hrs/wk), supported five children, and had private counsel.
• The written judgment listed $723 in court costs and probation-related fees and stated probation would terminate upon completion of terms and payment of all fees.
• The trial court asked only limited questions about Williams’s finances (hourly wage, hours, number of children) and stated, because Williams was employed, he would pay probation costs.
• Williams appealed alleging the court failed to conduct an adequate indigency hearing before imposing costs and probation fees.

Issues

Key Cases Cited

• Bex v. State, 952 N.E.2d 347 (Ind. 2011) (sentencing decisions, including fees, are reviewed for abuse of discretion)
• McElroy v. State, 865 N.E.2d 584 (Ind. 2007) (abuse of discretion standard for sentencing)
• K.S. v. State, 849 N.E.2d 538 (Ind. 2006) (definition of abuse of discretion in sentencing context)
• Johnson v. State, 27 N.E.3d 793 (Ind. Ct. App. 2015) (trial court may defer indigency finding on probation fees but must hold hearing by sentence completion)
• Burnett v. State, 74 N.E.3d 1221 (Ind. Ct. App. 2017) (brief financial inquiry can be insufficient; court must ask specific questions to assess ability to pay)
• Briscoe v. State, 783 N.E.2d 790 (Ind. Ct. App. 2003) (when required indigency hearing is not held, remand for hearing is proper)