Merlington v. State

OPINION

SULLIVAN, Judge.

Appellant, Travis J. Merlington, challenges the trial court's denial of his Motion for Return of Property. Upon appeal, Merlington claims and the State agrees that the trial court was without authority to order money, which was seized from Merlington at the time of his arrest, be applied toward fines and court costs.

We reverse and remand.

The relevant facts appear to be undisputed. As related by our Supreme Court in Merlington v. State, 814 N.E.2d 269, 271 (Ind.2004):

"On November 15, 2001, a Jeff Hurley drove Travis Jay Merlington and another person to a motel in Goshen,…