People of the State of Indiana v. Ronald Wayne Blank

Traverse City, Michigan criminal defense lawyer represented the Defendant charged with second-degree criminal sexual conduct (CSC-II) (sexual contact accomplished with an article reasonably perceived as a weapon), MCL 750.520c(1)(e), unlawful imprisonment, MCL 750.349b(1)(a) (person restrained by means of a dangerous instrument), and assault with a dangerous weapon, MCL 750.82(1).



This case arises out of terms and conditions of Blank's sentence for convictions arising out of a sexual assault against his ex-wife. The underlying details of that assault do not impact this appeal, which centers on aspects of Blank's sentence and postconviction motions before the trial court. Critically, following Blank's guilty plea, the trial court sentenced him in March 2023 and ordered him to pay $204 in state costs ($68 per felony conviction), see MCL 769.1j(1)(a), $130 as a state crime victims' rights assessment, see MCL 780.905(1)(a), and $850 in "court costs" for the cost of his court-appointed attorney.[2] The state costs and crime victims' rights assessment are mandatory. The assessment for attorney fees is not. During the sentencing hearing, the trial court did not specify the basis for imposing $850 in attorney fees.



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Legal issue Can a trial court assess attorney fees on an indigent defendant without conducting an indigency hearing before attempting to collect the fees?



Key Phrases Second-degree criminal sexual conduct. Unlawful imprisonment. Appointed attorney fees. Michigan Indigent Defense Commission Act. Trial court's assessment.

Affirmed