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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: PAULA M. SAUER Danville, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JUSTIN F. ROEBEL Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ROBERT DAVIS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 32A05-0609-CR-531

APPEAL FROM THE HENDRICKS CIRCUIT COURT The Honorable Jeffrey V. Boles, Judge Cause No. 32C01-0606-FC-22

July 20, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Robert Davis appeals the trial court's order following our remand to correct his sentence. The trial court determined Davis was indigent and ordered him to reimburse the Public Defender's Fund $16,350.00, if he had money at some future time. We held that provision of his sentence was erroneous on its face because it included an order for prospective reimbursement. In February of 1997, some eight months before Davis was sentenced, $19,000.00 apparently was seized from Davis' house pursuant to a search warrant and forfeited to the State in a separate proceeding in Clay County. See infra n.4 and n.6. Unknown to us at the time of Davis' prior appeal, the same day the trial court sentenced Davis, it separately ordered the Clay County Sheriff's Office to give the Public Defender's Fund $16,350.00 from that seized and forfeited money. On remand, Davis asserted our opinion required the State to refund his money. The trial court declined to order the State to give Davis $16,350.00, and Davis appeals again. We affirm. FACTS AND PROCEDURAL HISTORY Davis' sentencing order provided: The court inquired of Mr. Akers [defense counsel] the amount of funds used from the Clay County Public Defender fund for trial purposes. Mr. Akers reported to the court that the amount of $11,350.00 was expended for Mr. Davis' trial. Mr. Akers further agreed to perfect an appeal in this case for the amount of $5,000.00. The court therefore orders that if at a subsequent time it should be determined that Mr. Davis has funds with which to reimburse the Clay County Public Defender fund that he should do so in the amount of $16,350.00 which represents reimbursement for attorney fees expended by Clay County Public Defender fund for Robert Davis' defense for trial and appeal. 2

(App. at 171.) On May 25, 2005, Davis, acting pro se, filed a Motion to Correct Erroneous Sentence in which he challenged the order that he reimburse the Public Defender $16,350.00. He asserted he was entitled to relief because the sentencing order was erroneous on its face. The trial court denied his motion, and Davis appealed. On appeal, the State "concede[d] `the Court's order of reimbursement was likely an abuse of discretion,' (Br. of Appellee at 7)." Davis v. State, 843 N.E.2d 65, 68 (Ind. Ct. App. 2006). We held: Three statutes address when a defendant must reimburse the county for counsel provided at public expense. One provides in relevant part: If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following: (1) For a felony action, a fee of one hundred dollars ($100). Ind. Code

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