Michael B. Eliseo v. State of Indiana

I agree with the majority that, even though the trial court does not explicitly state the statutory basis upon which it relied for imposing fees, it is clear that the trial court ordered Elíseo to pay public defender fees and court costs pursuant to its authority under Indiana Code section 33-37-2-3(b). See Berry v. State, 950 N.E.2d 798, 800 (Ind.Ct.App.2011). Because the court specifically found Elíseo to be indigent at the initial hearing and did not subsequently make any findings to the contrary, I write separately to emphasize that the trial court remains obligated to conduct a hearing…