Bobby Alexander v. State of Indiana
2014 Ind. LEXIS 197
| Ind. | 2014Background
- Alexander was convicted by jury of two counts of aggravated battery and sentenced to a DOC term on June 20, 2012.
- The State sought restitution for uninsured medical expenses totaling about $96,000; defense sought time to verify bills.
- The trial court planned a restitution hearing within weeks and advised the parties to proceed quickly; notice of appeal deadline discussed.
- Abstract of Judgment issued; appellate counsel appointed June 25; restitution hearing scheduled for July 16, then August 7, but restitution unresolved.
- Alexander filed a Notice of Appeal on July 11, while restitution remained undecided; Court of Appeals obtained jurisdiction prior to final restitution order.
- The State moved to dismiss as premature; the Court of Appeals dismissed; this Court granted transfer to resolve whether the appeal should be dismissed and remanded for merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prematurity of appeal due to restitution unresolved | State argued no final judgment without restitution order. | Alexander contends unusual timing and advisement created confusion about appeal deadline. | Appeal analyzed on merits; not dismissed as premature. |
| Whether restitution issues bar appellate review or timing | State relied on lack of finality until restitution resolution. | Alexander argued procedural confusion warrants merits review despite restitution pending. | Case remanded for merits; restitution unresolved does not preclude review. |
Key Cases Cited
- Haste v. State, 967 N.E.2d 576 (Ind. Ct. App. 2012) (prematurity concerns when restitution advisement occurs)
- Berry v. Huffman, 643 N.E.2d 327 (Ind. 1994) (avoidance of uncertain appeal deadlines to preserve rights)
- Miller v. State, 502 N.E.2d 92 (Ind. 1986) (restitution treated as part of sentencing for finality purposes)
- Kotsopoulos v. State, 654 N.E.2d 44 (Ind. Ct. App. 1995) (restitution as part of sentencing; appeal timing considerations)
- Denning v. State, 991 N.E.2d 160 (Ind. Ct. App. 2013) (possible limitations on trial court restitution authority after appeal)