Eric Hollis v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: January 25, 2017
• Docket: 49A02-1607-CR-1550
• 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 Jan 25 2017, 9:17 am

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

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Victoria L. Bailey Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana Ellen H. Meilaender Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Eric Hollis, January 25, 2017 Appellant-Defendant, Court of Appeals Case No. 49A02-1607-CR-1550 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Angela Dow- Appellee-Plaintiff. Davis, Judge Trial Court Cause No. 49G16-1508-F6-29206

Robb, Judge.

Court of Appeals of Indiana | Memorandum Decision 49A02-1607-CR-1550| January 25, 2017 Page 1 of 4 Case Summary and Issue [1] Eric Hollis pleaded guilty to battery as a Class A misdemeanor and the trial

court ordered Hollis to pay $476 in restitution. Hollis now appeals, raising the

sole issue of whether the trial court abused its discretion in ordering $476 in

restitution. Concluding the trial court did not abuse its discretion, we affirm.

Facts and Procedural History [2] On July 27, 2015, Hollis intentionally or knowingly pushed Angella McIntosh,

causing injury. McIntosh sought treatment at Eskenazi Hospital in

Indianapolis where she underwent X-Rays and a CT scan. Hollis later pleaded

guilty to battery as a Class A misdemeanor, and as part of the plea agreement,

he agreed to reimburse McIntosh for her medical bills. The trial court accepted

the plea, sentenced Hollis to one year in the Indiana Department of Correction

with 361 days suspended to probation, and ordered restitution as a condition of

probation. At a restitution hearing, McIntosh testified she sought treatment at

Eskenazi Hospital for the injuries caused by Hollis, and as a result of the

treatment, she received medical bills from the hospital totaling approximately

$476, which she has not yet paid. Hollis did not cross-examine McIntosh. The

State also admitted notices from a collection agency showing McIntosh owed

$216.00 to the Indiana University Radiology Association and $260.00 to the IU

Health Indiana Clinic. At the conclusion of the hearing, the trial court ordered

Hollis to pay McIntosh $476 in restitution. This appeal ensued.

Court of Appeals of Indiana | Memorandum Decision 49A02-1607-CR-1550| January 25, 2017 Page 2 of 4 Discussion and Decision [3] Hollis argues the trial court abused its discretion in ordering restitution.

Specifically, he argues the State failed to present sufficient evidence to prove

McIntosh incurred $476 in medical bills and therefore the trial court’s order

amounted to mere speculation or conjecture. We disagree.

[4] Indiana Code section 35-50-5-3(a)(2) states a trial court may order a defendant

to make restitution to the victim of the crime and shall base its restitution order,

in part, upon consideration of medical and hospital costs incurred by the victim

as a result of the crime. “The amount of actual loss is a factual matter that can

be determined only upon the presentation of evidence.” Bennett v. State, 862

N.E.2d 1281, 1286-87 (Ind. Ct. App. 2007). “Evidence supporting a restitution

order is sufficient if it affords a reasonable basis for estimating loss and does not

subject the trier of fact to mere speculation or conjecture.” J.H. v. State, 950

N.E.2d 731, 734 (Ind. Ct. App. 2011) (citation and internal quotation marks

omitted) (describing Indiana Code section 35-50-5-3). We review an order of

restitution for an abuse of discretion. Bennett, 862 N.E.2d at 1286. A trial court

abuses its discretion if its decision is clearly against the logic and effects of the

facts and circumstances before it. Id.

[5] Here, the State admitted collection notices sent to McIntosh totaling $476 and

we acknowledge these notices, when taken alone, may not be sufficient to

support a restitution order. However, McIntosh testified she sought treatment

from Eskenazi Hospital as a result of her injuries and underwent X-Rays and a

Court of Appeals of Indiana | Memorandum Decision 49A02-1607-CR-1550| January 25, 2017 Page 3 of 4 CT scan. She further testified she received medical bills for those services

totaling approximately $476, which she has not yet paid. Hollis could have

cross-examined McIntosh as to whether she had previously visited Eskenazi

Hospital or any IU Health Hospital, and if so, whether those visits could have

given rise to the collection notices she received, but he chose not to.

McIntosh’s testimony, coupled with the collection notices admitted into

evidence, afforded the trial court a reasonable basis for estimating McIntosh’s

loss and we therefore conclude the trial court did not abuse its discretion in

ordering Hollis to pay $476 in restitution.

Conclusion [6] The trial court did not abuse its discretion in ordering Hollis to pay $476 in

restitution. Accordingly, we affirm.

[7] Affirmed.

Kirsch, J., and Barnes, J., concur.

Court of Appeals of Indiana | Memorandum Decision 49A02-1607-CR-1550| January 25, 2017 Page 4 of 4