Mark Graber v. State of Indiana ( 2012 )

Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be FILED
regarded as precedent or cited before any Dec 03 2012, 9:45 am
court except for the purpose of establishing
the defense of res judicata, collateral CLERK
of the supreme court,
estoppel, or the law of the case. court of appeals and
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ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
SUZY ST. JOHN GREGORY F. ZOELLER
Marion County Public Defender Attorney General of Indiana
Appellate Division
Indianapolis, Indiana AARON J. SPOLARICH
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
MARK GRABER, )
)
Appellant-Defendant, )
)
vs. ) No. 49A02-1205-CR-365
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Valerie Horvath, Commissioner
Cause No. 49G17-1201-CM-117
December 3, 2012
MEMORANDUM DECISION - NOT FOR PUBLICATION
KIRSCH, Judge
Following his conviction for Domestic Battery as a Class A misdemeanor,1 Mark Graber
appeals his sentence contending that the trial court erred by imposing a fifty dollar ($50.00) Public
Defender fee. Graber contends that imposing such a fee after finding him indigent was error
pursuant to Ind. Code § 33-37-2-3 and that the fee exceeded that authorized by Ind. Code § 35-33-7-
6 because the court had previously imposed a fifty dollar ($50.00) Public Defender’s fee at the initial
hearing. The State contends that the trial court imposed only a single fee of fifty dollars, but
concedes that “the record is unclear,” Appellee’s Br. at 7, and if it did impose a second fifty dollar
fee, the trial court erred in doing so.
To remedy any confusion in the trial court’s order, we vacate that part of the Chronological
Case Summary stating that a fifty dollar ($50.00) fee was assessed as part of Graber’s sentence and
remand with instructions to enter an order confirming that a single Public Defender’s fee of fifty
dollars ($50.00) was imposed at the initial hearing and that order remains in full force and effect with
all sums previously paid credited against that amount due and owing thereunder.
Vacated and remanded.
MATHIAS, J., and CRONE, J., concur.
1
Ind. Code § 35-42-2-1.3
2