Nathan D. Russell v. State of Indiana (mem. dec.)
49A02-1704-CR-775
| Ind. Ct. App. | Sep 5, 2017Background
- In 2012 Nathan D. Russell pleaded guilty to Dealing in Cocaine (Class A felony) and Possession of a Firearm by a Serious Violent Felon (Class B felony); he received an aggregate 30-year sentence with 10 years suspended.
- In March 2017 Russell filed a petition to modify his sentence under Indiana Code § 35-38-1-17; the trial court summarily dismissed the petition for alleged noncompliance with procedural rules.
- The trial court apparently concluded it lacked authority to grant relief without the prosecutor’s consent.
- Russell argued the 2014/2015 statutory amendments eliminated the need for prosecutorial consent for sentence modification petitions.
- The State agreed the trial court had interpreted the statute to require prosecutorial consent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether I.C. § 35-38-1-17 requires prosecutorial consent for Russell’s petition | Russell: 2014/2015 amendments allow non-violent offenders to file without prosecutor consent; statute applies retroactively to pre-2014 sentences so consent not required | State/Trial court: statute still requires prosecutorial consent for certain offenders; Russell is a violent criminal and must obtain consent for petitions filed more than one year after sentencing | Held: Prosecutorial consent is required for "violent criminals" filing more than one year after sentencing; Russell is a violent criminal (convicted under I.C. § 35-47-4-5), lacked consent, so dismissal affirmed |
Key Cases Cited
- State v. Oddi-Smith, 878 N.E.2d 1245 (Ind. 2008) (statutory interpretation focuses on legislative intent and text)
- Woodford v. State, 58 N.E.3d 282 (Ind. Ct. App. 2016) (discussing 2014 sentence-modification overhaul and application issues)
- Swallows v. State, 31 N.E.3d 544 (Ind. Ct. App. 2015) (addressing applicability of 2014 amendments to pre-effective-date convictions)
- Hobbs v. State, 26 N.E.3d 983 (Ind. Ct. App. 2015) (same issue regarding temporal application of amendments)
- Vazquez v. State, 37 N.E.3d 962 (Ind. Ct. App. 2015) (if statutory conditions for relief are unmet, dismissal is appropriate)