Dominique Mitchell v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 23, 2019
• Docket: 18A-CR-2429
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Apr 23 2019, 10:45 am

court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Daniel Hageman Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General Indianapolis, Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Dominique Mitchell, April 23, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2429 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Appellee-Plaintiff Peggy Hart, Magistrate Trial Court Cause No. 49G10-1805-CM-17114

Vaidik, Chief Judge.

[1] In September 2018, Dominique Mitchell was convicted of three

misdemeanors—carrying a handgun without a license, driving while

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2429 | April 23, 2019 Page 1 of 2 suspended, and possession of marijuana—and sentenced to 120 days on home

detention through Marion County Community Corrections. The trial court

ordered Mitchell to pay a home-detention fee but did not specify the amount of

the fee. In November 2018, Marion County Community Corrections filed a

discharge summary indicating that Mitchell had successfully completed his

sentence, that he had “paid $150 towards [his] fees,” and that he is “currently

$422 in arrears to Marion County Community Corrections.” Appellant’s App.

Vol. II p. 51. Apparently Marion County Community Corrections had itself

determined that Mitchell’s home-detention fee would be $572.

[2] Mitchell now appeals, arguing that it is the responsibility of the trial court to set

an offender’s home-detention fee and asking us to remand this matter to the

trial court for that purpose. Indiana Code section 35-38-2.5-6(7) provides that

an order for home detention must include, among other things, “[a]

requirement that the offender pay a home detention fee set by the court[.]”

(Emphasis added.) The State agrees that, in light of this statute, remand is

appropriate. We agree with the parties and remand this matter to the trial court

so that it can set the amount of the home-detention fee.

[3] Remanded.

Kirsch, J., and Altice, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2429 | April 23, 2019 Page 2 of 2