Tina R. Like v. State

FOR PUBLICATION

 
ATTORNEY FOR APPELLANT:    ATTORNEYS FOR APPELLEE:

MICHAEL C. KEATING    STEVE CARTER
Keating, Bumb, Vowels, LaPlante & Kent, P.C.    Attorney General of Indiana
Evansville, Indiana
            MONIKA PREKOPA TALBOT
            Deputy Attorney General
            Indianapolis, Indiana

 
IN THE COURT OF APPEALS OF INDIANA TINA R. LIKE, ) ) Appellant-Defendant, ) ) vs. ) No. 63A01-0105-CR-179 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. )

 
APPEAL FROM THE PIKE CIRCUIT COURT
The Honorable Lee F. Baker, Judge
Cause No. 63C01-0002-CF-84

 
 
 
April 16, 2002

OPINION ON REHEARING - FOR PUBLICATION

BROOK, Chief Judge
We consider the State's petition for rehearing in which it argues that we erred in concluding that the trial court abused its discretion in imposing a $125.00 criminal costs fee under Indiana Code Section 33-19-5-1(a). See Like v. State, 760 N.E.2d 1188, 1193 (Ind. Ct. App. 2002). Indiana Code Section 33-19-5-1(a) provides that "[f]or each action that results in a felony conviction under IC 35-50-2 … the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120)." (Emphasis added.) In our opinion, we noted that Like was convicted of a Class B felony under Indiana Code Section 35-48-4-2(a), not under Indiana Code 35-50-2, and vacated the portion of the trial court's order imposing a $125.00 criminal costs fee. See Like, 760 N.E.2d at 1193.
The State acknowledges that a defendant cannot be convicted of a felony under Indiana Code 35-50-2, which governs felony sentencing provisions, but contends that the "spirit of the statute" requires a trial court to impose the fee when a defendant has been convicted of a felony. We agree with the State's contention but nevertheless conclude that the trial court abused its discretion in imposing a fee in excess of the statutory limit of $120.00. We therefore grant the State's petition for rehearing and remand with instructions to impose a criminal costs fee in the amount of $120.00.
Petition for rehearing granted and remanded with instructions.
MATHIAS, J., concurs.
RILEY, J., would deny rehearing.