Owens v. State
2011 Ind. App. LEXIS 711
| Ind. Ct. App. | 2011Background
- Owens was charged in Clinton County in July 2008 with two counts of Class B felony dealing in cocaine and one count of Class D felony maintaining a common nuisance; a habitual traffic violator D count was also charged but not convicted.
- At the initial hearing the court found Owens indigent and appointed a public defender.
- November 2008, Owens was tried and convicted on Counts I, II and IV; the trial court later imposed a 15-year aggregate sentence: 9 years to DOC, 2 years on electronic monitoring, 4 years on probation, plus $3,988.23 in pauper counsel fees and $164 in court costs, without a specific ban on imprisonment for nonpayment.
- Owens pursued a belated-filing appeal; after two delays, a belated notice of appeal was filed August 26, 2010.
- The issues on appeal concerned the court costs/indigency handling and the public defender reimbursement as a condition of probation, with the court denying relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court costs imprisonment for nonpayment | Owens argues trial court erred by omitting nonpayment prohibition in indigent context. | State contends Whedon allows omission; resources assessed later. | No abuse; no mandatory express prohibition required at sentencing. |
| Public defender reimbursement as probation condition | Owens argues lack of indigency inquiry and excessive fee beyond statutory limits. | Rich and Kimbrough approve non-immediate payment and defer indigency review until later. | Not ripe for review; no abuse of discretion in deferring hearing and amount. |
Key Cases Cited
- Kimbrough v. State, 911 N.E.2d 621 (Ind.Ct.App. 2009) (sentencing decisions reviewed for abuse of discretion; indigency timing)
- Whedon v. State, 765 N.E.2d 1276 (Ind. 2002) (defendant's financial resources assessed at end of incarceration; not initial sentencing)
- Rich v. State, 890 N.E.2d 44 (Ind.Ct.App. 2008) (public defender reimbursement as probation condition; timing matters)
- Petty v. State, 532 N.E.2d 610 (Ind. 1989) (earlier rule on explicit nonpayment imprisonment for indigents (overruled))
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (abuse of discretion standard; cumulative guidance)