Legal Opinion

Demand Johnson v. State of Indiana

Indiana Court of Appeals

Decided March 6, 2015No. 49A02-1406-CR-437PublishedCited by 34 opinions

1Opinion of the Court

BAKER, Judge.

[1] Demand Johnson appeals the trial court’s order that he pay $340 for probation fees. Specifically, Johnson argues that the trial court abused its discretion when it ordered him to pay probation fees without first conducting an indigency hearing. We find no requirement that a trial court should conduct an indigency hearing at the time probation fees are ordered. Nevertheless, the trial court has a duty to conduct an indigency hearing before or upon the completion of a defendant’s sentence. Additionally, probation fees should reflect the time a defendant actually served on…

2Cases cited4 opinions

  1. K.S. v. StateIndiana Supreme Court · 2006
  2. McElroy v. StateIndiana Supreme Court · 2007
  3. Whedon v. StateIndiana Supreme Court · 2002
  4. Berry v. StateIndiana Court of Appeals · 2011

3Cited by34 opinions

  1. Andre C. Coleman v. State of IndianaIndiana Court of Appeals · 2016
  2. Wendy Burnett v. State of IndianaIndiana Court of Appeals · 2017
  3. Aaron A. Negash v. State of IndianaIndiana Court of Appeals · 2018
  4. Mason W. Meunier-Short v. State of IndianaIndiana Court of Appeals · 2016
  5. Teresa L. Holder v. State of IndianaIndiana Court of Appeals · 2019

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