Steven Conrad v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 15, 2019
• Docket: 18A-CR-1899
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Feb 15 2019, 9:50 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Rory Gallagher Curtis T. Hill, Jr. Marion County Public Defender Attorney General Appellate Division Evan Matthew Comer Indianapolis, Indiana Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Steven Conrad, February 15, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-1899 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Kurt Eisgruber, Appellee-Plaintiff Judge The Honorable Steven J. Rubick, Magistrate Trial Court Cause No. 49G01-1705-F5-18057

Vaidik, Chief Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1899 | February 15, 2019 Page 1 of 3 [1] During the summer of 2018, Steven Conrad was convicted of Level 5 felony

burglary and given a sentence of three years, with two years to serve through

Marion County Community Corrections and one year suspended to probation.

The trial court ordered Conrad to begin the executed portion of his sentence on

home detention but gave community corrections “discretion to move him to

other components as deemed appropriate.” Tr. p. 91. The court added, “He’ll

be placed on a sliding scale for his community corrections monitoring fees.”

Id.; see also Appellant’s App. Vol. II pp. 10, 13.

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

an offender’s home-detention fee and that the trial court improperly delegated

that responsibility to community corrections in this case. We agree as to the

first part. 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 second

part of Conrad’s argument may be correct, too, but we do not have enough

information to know one way or the other. All the trial court said was that

Conrad would be “placed on a sliding scale for his community corrections

monitoring fees.” There is no indication in the record of what “sliding scale”

the court was referring to, who established the scale, or who administers it, so

we have no way of knowing whether the court intended to delegate any

statutory responsibility to community corrections. Therefore, we vacate the

part of the sentencing order relating to the community-corrections/home-

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1899 | February 15, 2019 Page 2 of 3 detention fee, but we remand this matter to give the trial court an opportunity

to clarify its intent regarding that fee.

[3] Reversed and remanded.

Mathias, J., and Crone, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1899 | February 15, 2019 Page 3 of 3