Robert D. Davis v. State of Indiana
978 N.E.2d 470
| Ind. Ct. App. | 2012Background
- In 1992, Davis was charged with eight counts in Clay County, Indiana court.
- In 1994, he was found guilty of Counts II, III, and IV: possession of schedule II drug (count II), dealing in marijuana (count III), possession of marijuana (count IV).
- The court sentenced 3 years on each count; counts 3 and 4 merged and ran concurrently with count 2; count 2 ran consecutively to counts 3 and 4.
- On direct appeal, this court remanded to vacate the conviction and sentence on the lesser offense (Count IV) per double jeopardy concerns.
- In 1995, Davis appeared by counsel and the court vacated the Count IV conviction/sentence.
- In 2011, Davis filed a pro se motion to correct erroneous sentence, which the trial court denied in 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred denying the motion to correct erroneous sentence. | Davis argues the order did not follow appellate instructions and that his presence/counsel was required. | State contends the motion is inappropriate and the order complied with appellate guidance. | No abuse of discretion; no facial error on the judgment or sentencing order. |
Key Cases Cited
- Neff v. State, 888 N.E.2d 1249 (Ind. 2008) (motion to correct erroneous sentence limited to facial errors in judgment)
- Robinson v. State, 805 N.E.2d 783 (Ind. 2004) (facially erroneous sentencing judgments only; narrow use of §35-38-1-15)
- O’Connell v. State, 742 N.E.2d 943 (Ind. 2001) (trial court may remand for new order without new hearing depending on issues raised)
- Taylor v. State, 840 N.E.2d 324 (Ind. 2006) (remand for new sentencing order may be discharged by issuing new order without new hearing)
- Collier v. State, 572 N.E.2d 1299 (Ind. Ct. App. 1991) (remand for statement of reasons; distinguishable on presence of counsel and extent of remand)