Thomas D. Dillman v. State of Indiana, 16 N.E.3d 445

Dillman was charged in September 2005 with O/WI and related offenses; bond set at $7,000 surety or $700 cash, which Dillman paid, releasing him on bond.
November 23, 2005: Dillman pled guilty to Class A misdemeanor operating a vehicle while intoxicated; other charges dismissed; sentence of one year with all but two days suspended.
Court ordered Dillman to pay costs and fees out of cash bond; Dillman did not appeal that order.
December 1, 2005: Clerk paid $581.50 from the bond to cover costs in the case.
February 16, 2011: Trial court ordered release of the remaining $118.50 for probation fees; clerk released the funds.
April 26, 2013: Dillman moved to release his bond; trial court denied; on appeal, issue is whether the court erred in denying bond release and whether waiver/other issues bar Review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Dillman waived his challenge to bond retention	Dillman argues lack of notice extends time; cannot be waived	State contends Dillman failed to timely appeal	Waiver; no timely appeal or Rule 72 extension pursued; denial affirmed
Whether the error was fundamental	Argues retention of bond was illegal sentence and fundamental error	State argues not an illegal sentence; not fundamental error	Not fundamental error; error acknowledged but not illegality or egregious harm; waiver stands

Wente v. State, 440 N.E.2d 512 (Ind. Ct. App. 1982) (waiver when no timely motion to correct error or appeal)
C.T.S. v. State, 781 N.E.2d 1193 (Ind. Ct. App. 2003) (collateral attack waived when not raised in trial court)
Ryan v. State, 9 N.E.3d 663 (Ind. 2014) (fundamental error standard is extremely narrow)
Benson v. State, 762 N.E.2d 748 (Ind. 2002) (fundamental error not shown here)
Brown v. State, 799 N.E.2d 1064 (Ind. 2003) (egregious or pervasive due process concerns)
Ben-Yisrayl v. State, 908 N.E.2d 1223 (Ind. Ct. App. 2009) (illegal sentence requires statutory authority violation)