Indiana Court of Appeals, 2002

Like v. State

Indiana Court of Appeals · Decided April 16, 2002 · Brook, Deny, Mathias, Riley

766 N.E.2d 416; 2002 Ind. App. LEXIS 592; 2002 WL 555062 (North Eastern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Mathis v. State (Ind. Ct. App. 2002)
Edward M. Tate, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017)
Brandon Price v. State of Indiana (Ind. Ct. App. 2012)
Jones v. State (Ind. Ct. App. 2010)
Banks v. State (Ind. Ct. App. 2006)
McRoy v. State (Ind. Ct. App. 2003)
Taylor v. State (Ind. Ct. App. 2003)
Goffinet v. State (Ind. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION ON REHEARING

BROOK, Chief Judge.

We consider the State's petition for rehearing in which it argues that we erred in concluding that the trial court abused its discretion in imposing a $125.00 criminal costs fee under Indiana Code Section 33-19-5-1(a). See Like v. State, 760 N.E.2d 1188, 1193 (Ind.Ct.App. 2002). Indiana Code Section 33-19-5-1(a) provides that "flor each action that results in a felony conviction under IC 85-50-2 . the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120)." (Emphasis added.) In our opinion, we noted that Like was con-viected of a Class B felony under Indiana Code Section 35-48-4-2(a), not under Indiana Code 35-50-2, and vacated the portion of the trial court's order imposing a $125.00 criminal costs fee. See Like, 760 N.E.2d at 1193.

The State acknowledges that a defendant cannot be convicted of a felony under Indiana Code 35-50-2, which governs felony sentencing provisions, but contends that the "spirit of the statute" requires a trial court to impose the fee when a defendant has been convicted of a felony. We agree with the State's contention but nevertheless conclude that the trial court abused its discretion in imposing a fee in excess of the statutory limit of $120.00. We therefore grant the State's petition for rehearing and remand with instructions to *417impose a criminal costs fee in the amount of $120.00.

Petition for rehearing granted and remanded with instructions.

MATHIAS, J., concurs. RILEY, J., would deny rehearing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.