SCIOTTO v. STATE (2022)

MEMORANDUM DECISION

[1] In November 2020, Krista Lynn Sciotto pled guilty to Level 6 felony operating a vehicle with an alcohol concentration equivalent to at least 0.15 gram of alcohol per 210 liters of breath and admitted being a habitual vehicular substance offender. In accordance with the plea agreement, the trial court sentenced Sciotto to four years, with two years executed as a direct commitment to community corrections and two years suspended to probation. The court also ordered Sciotto to pay, among other fees, a “$100.00 Initial Probation User Fee” and a “$30.00 Monthly Probation Fee for each month of probation.” Appellant's App. Vol. II p. 28.

[2] In July 2021, Sciotto admitted violating the terms of community corrections and probation by testing positive for controlled substances. The trial court revoked Sciotto's community-corrections placement and probation and ordered her to serve the balance of her four-year sentence in the Indiana Department of Correction.

[3] Sciotto now appeals. Specifically, she notes the “Court Costs and Filing Fees” section of her CCS reflects that she owes probation fees even though she has “served no time on probation in this case and is not expected to do so.” Appellant's Br. pp. 6, 11 (citing Appellant's App. Vol. II p. 20). As such, she asks us “to remand this case to the trial court for removal of her probation fees.” Id. at 11 (citing Johnson v. State, 27 N.E.3d 793, 795 (Ind. Ct. App. 2015) (holding a defendant is only responsible for probation fees for time “actually served” on probation)). The State acknowledges Sciotto is only responsible for probation fees for time served on probation but claims the record is “unclear” as to whether she has served any time on probation. Appellee's Br. p. 10. The State says Sciotto “is correct that remand is appropriate.” Id. at 8. We therefore remand this case to the trial court with instructions to recalculate the amount of probation fees Sciotto owes, if any.

[4] Remanded.

Vaidik, Judge.

Najam, J., and Weissmann, J., concur.