Bobby Alexander v. State of Indiana
2013 Ind. App. LEXIS 220
Ind. Ct. App.2013Background
- Alexander was convicted by a jury of two Class B felony aggravated battery and acquitted on two counts of attempted murder.
- At sentencing (June 20, 2012), the State requested restitution totaling $96,674.53 for Seger; Alexander asked to delay restitution to investigate discounts and self-pay write-offs.
- The trial court granted the delay and took restitution under advisement, with a restitution hearing later; sentences were imposed to run consecutively (6 years for Little; 8 years with 6 executed and 2 suspended for Seger).
- No final restitution order was entered, and no restitution hearing record was clearly completed by the time appeal was filed.
- Alexander filed a notice of appeal on July 11, 2012; he challenged sufficiency of evidence as to Little, while restitution remained unresolved.
- The State moved to dismiss the appeal for lack of final judgment under Appellate Rule 2(H) because restitution had not been resolved; the motions panel denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is dismissed for lack of a final judgment | State: restitution not resolved defeats finality | Alexander: Haste controls; final judgment exists despite advisement | Appeal dismissed; remanded to enter restitution order within 30 days |
Key Cases Cited
- Haste v. State, 967 N.E.2d 576 (Ind. Ct. App. 2012) (restitution is part of criminal sentence; failure to rule renders sentence non-final)
- Wilson v. State, 688 N.E.2d 1293 (Ind. Ct. App. 1997) (restitution should be entered at sentencing or finality challenged)
- Kotsopoulos v. State, 654 N.E.2d 44 (Ind. Ct. App. 1995) (final component of sentence is restitution; proper timing affects finality)
- Treacy v. State, 953 N.E.2d 634 (Ind. Ct. App. 2011) (court may reconsider motions panel decisions while appeal pending)