The Marion County probation department must reimburse an offender’s probation fees after the Indiana Court of Appeals held Tuesday the trial court erred by allowing the probation department, and not the court, to impose such fees.
In Jose Arcia De La Cruz v. State of Indiana, 49A05-1610-CR-2417, Jose De La Cruz was charged with Class A misdemeanors operating a vehicle while intoxicated endangering a person and operating a vehicle with an ACE of 0.15 or more. De La Cruz was found guilty of only the lesser-included offense of Class C felony operating a vehicle while intoxicated and was sentence to 60 days in jail, with 56 days suspended, and an additional 180 days on non-reporting probation.