Briscoe v. State

OPINION

KIRSCH, Judge.

Pursuant to a guilty plea, Kevin Briscoe was convicted of possession of cocaine, 1 a Class D felony. He now appeals his sentence, raising several issues, two of which we find dispositive:

I. Whether the trial court erred in imposing a fine on Briscoe as part of his sentence when the written plea agreement did not provide for a fine.

II. Whether the trial court erred in failing to conduct a hearing to determine whether Briscoe was indigent when Briscoe's sentence included the assessment of a drug interdiction fee.

We vacate the imposition of the $2000 fine and remand with…