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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: CRAIG PERSINGER Marion, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

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

No. 85A02-0704-CR-337

APPEAL FROM THE WABASH CIRCUIT COURT The Honorable Robert R. McCallen III, Judge Cause No. 85C01-0610-FC-144

July 6, 2007

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Waylon Sadler was convicted of battery, 1 as a Class C felony. On appeal, Sadler raises two issues, which we restate as: I. Whether there was sufficient evidence to support his battery conviction as a Class C felony. Whether the trial court erred in finding, without holding a hearing, that Sadler was not indigent for the purpose of imposing a fine.

II.

We affirm and remand. FACTS AND PROCEDURAL HISTORY Sadler and Nicholas Boyd shared a cell in the Wabash County Jail. Sadler was upset because his can of tobacco had disappeared and thought Boyd had taken it. On September 25, 2006, while Boyd was stepping out of the shower, Sadler struck Boyd on the side of the head with a hollow metal bedpost. When Boyd tried to take the bedpost from Sadler, Sadler struck him on the top of the head. The wound on the side of Boyd's head required ten staples, and the wound on the top of his head required three staples. After hearing testimony and examining the bedpost, the jury found Sadler guilty as charged. Sadler was sentenced to four years incarceration, with one year suspended to probation. Although the trial court had found Sadler indigent for the purpose of trial, without further hearing, it found that he was not indigent for the purpose of fines and fees and imposed a $7500 fine with the alternative of paying $2500 into the Wabash County Public Defender Fund. Sadler now appeals. DISCUSSION and DECISION

1

See Ind. Code

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