Wright v. State
2011 Ind. App. LEXIS 935
| Ind. Ct. App. | 2011Background
- Wright charged with class B felony dealing in methamphetamine; bond set at $10,000.
- The trial court found Wright indigent at the initial hearing.
- Wright deposited $1,000 (10% of bond) in escrow and signed a Cash Bail Bond Agreement allowing the court to retain funds to pay fines, costs, fees, and restitution if convicted or fails to appear.
- Wright pled guilty and was sentenced to six years.
- Escrow funds were disbursed to pay a $100 public defender fee, $364 in fines/costs, and $52 to I.M.A.G.E. Drug Task Force; the balance was returned.
- Wright challenged the imposition of fees and argued indigency hearings were required for fines and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by imposing the public defender fee without an indigency finding. | Wright argues the fee requires a finding of ability to pay. | State contends the fee was paid from escrow under the cash bail bond agreement and statute. | No error; fee paid from escrow under the bail agreement. |
| Whether indigency hearings were required for court fines and costs. | Wright claims indigency hearing required under 33-37-2-3(a). | State relies on 35-33-8-3.2(a)(2) to permit using escrow funds without indigency hearing. | Indigency hearing not required when a cash bail bond agreement exists under 35-33-8-3.2(a)(2). |
| Whether escrow funds could be used to pay fines/costs and public defender costs under the cash bail bond. | Argument focuses on indigency hearing; does not contest authority to use escrow funds. | Statutory authority to retain portion of escrow to pay fines, costs, and public defender fees exists. | Trial court properly disbursed escrow funds to pay the specified costs. |
Key Cases Cited
- Kimbrough v. State, 911 N.E.2d 621 (Ind.Ct.App. 2009) (sentencing decisions and discretionary imposition of fines/costs reviewed for abuse)
- Mathis v. State, 776 N.E.2d 1283 (Ind.Ct.App. 2002) (costs/fees may be imposed when within statutory parameters)
- Banks v. State, 847 N.E.2d 1050 (Ind.Ct.App. 2006) (indigency does not shield from all costs/fees)
- Maroney v. State, 849 N.E.2d 745 (Ind.Ct.App. 2006) (pre-amendment relation between bail and indigency hearing)
- State v. Dugan, 793 N.E.2d 1034 (Ind. 2003) (what statute does not say can be as important as what it does say)
- Turner v. State, 755 N.E.2d 194 (Ind.Ct.App. 2001) (courts may deduct public defender costs from posted cash bond under 35-33-8-3.2)
- Hall v. State, 826 N.E.2d 99 (Ind.Ct.App. 2005) (indigency determinations for representation costs; applicability depends on context)