Legal Opinion

Berry v. State

Indiana Court of Appeals

Decided June 17, 2011No. 57A03-1011-CR-579PublishedCited by 42 opinions

1Opinion of the Court

OPINION

CRONE, Judge.

Shaun M. Berry appeals the trial court’s imposition of a $100 public defender fee and $364 in court costs following his conviction for class A felony aiding in the manufacture of methamphetamine. 1 He argues that the trial court imposed the $100 public defender fee without making the statutorily required finding that he had the ability to pay it and failed to identify the statutory authorization for imposing $364 in court costs. We agree, and therefore reverse the trial court’s imposition of the public defender fee and remand for a determination of Berry’s ability to pay…

2Cases cited5 opinions

  1. Whedon v. StateIndiana Supreme Court · 2002
  2. Kimbrough v. StateIndiana Court of Appeals · 2009
  3. Banks v. StateIndiana Court of Appeals · 2006
  4. Mathis v. StateIndiana Court of Appeals · 2002
  5. Owens v. StateIndiana Court of Appeals · 2011

3Cited by42 opinions

  1. Demand Johnson v. State of IndianaIndiana Court of Appeals · 2015
  2. Andre C. Coleman v. State of IndianaIndiana Court of Appeals · 2016
  3. Keith D. Jackson v. State of IndianaIndiana Court of Appeals · 2012
  4. Aaron A. Negash v. State of IndianaIndiana Court of Appeals · 2018
  5. Jose Arcia De La Cruz v. State of IndianaIndiana Court of Appeals · 2017

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