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FOR PUBLICATION
APPELLANT PRO SE: TRAVIS J. MERLINGTON Pendleton, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TRAVIS J. MERLINGTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee. ) ) ) ) ) ) ) ) )

No. 20A05-0501-CR-50

APPEAL FROM THE ELKHART CIRCUIT COURT The Honorable Terry C. Shewmaker, Judge Cause No. 20C01-0111-CF-130

December 22, 2005 OPINION - FOR PUBLICATION

SULLIVAN, Judge

Appellant, Travis J. Merlington, challenges the trial court's denial of his Motion for Return of Property. Upon appeal, Merlington claims and the State agrees that the trial court was without authority to order money, which was seized from Merlington at the time of his arrest, be applied toward fines and court costs. We reverse and remand. The relevant facts appear to be undisputed. As related by our Supreme Court in Merlington v. State, 814 N.E.2d 269, 271 (Ind. 2004): "On November 15, 2001, a Jeff Hurley drove Travis Jay Merlington and another person to a motel in Goshen, Indiana. When they arrived at the motel, three police vehicles surrounded them. A search of Hurley's vehicle revealed about 224 grams of methamphetamine and about 6.5 grams of marijuana behind the glove compartment. Merlington was arrested and charged with possession of methamphetamine in excess of three grams with intent to deliver, a Class A felony. The trial court convicted Merlington and sentenced him to total executed time of 45 years, the 30-year presumptive sentence for a Class A felony enhanced by 15 years for aggravating circumstances." 1 (citation and footnote omitted). At the time of his arrest, the police found $641 in Merlington's pocket. On November 18, 2003, Merlington filed a motion for return of property and a memorandum in support thereof, claiming that he was entitled to the return of the $641 pursuant to Indiana Code

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