997 N.E.2d 1083
Ind. Ct. App.2013Background
- In 1975 Ott was charged with delivering LSD (a felony under then-law); in 1977 he pleaded guilty to possession and received a five-year determinate sentence with all but 350 days suspended and work-release/probation, discharged from probation in 1979.
- Ott filed a verified motion in 2013 under Ind. Code § 35-50-2-7(c) seeking conversion of his conviction from a Class D felony to a Class A misdemeanor.
- The trial court denied the motion, initially citing lack of jurisdiction and later conceding jurisdiction over § 35-50-2-7 petitions but concluding Ott was not convicted of a Class D felony.
- Ott argued the felony-class scheme (creating Class D felonies) went into effect about six weeks after his sentence, and that the legislature’s intent and related statutes supported conversion.
- The State argued § 35-50-2-7 applies only to convictions that are Class D felonies and that the legislature did not extend the conversion remedy to unclassified felonies predating the classification scheme.
- The court held the statute’s language limits conversion to convictions classified as Class D felonies and that the legislature did not authorize retroactive reclassification of pre-classification felonies, so Ott was not entitled to relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying Ott’s motion to convert his conviction to a Class A misdemeanor under Ind. Code § 35-50-2-7(c) | Ott: He committed the offense shortly before felony classes were created; if classified as a Class D felony his term would have been 6 months–3 years and § 35-50-2-7(c) permits conversion after meeting conditions. | State: § 35-50-2-7 applies only to convictions that are Class D felonies; Ott’s conviction predated the classification scheme and thus is not a Class D felony for § 35-50-2-7 purposes. | Court: No error—statute unambiguously applies only to convictions that are Class D felonies; legislature did not authorize retroactive conversion of pre-classification felonies. |
Key Cases Cited
- Booher v. State, 773 N.E.2d 814 (Ind. 2002) (standard of review for denial of motion to correct error/abuse of discretion)
- Evans v. State, 810 N.E.2d 335 (Ind. 2004) (principles of statutory interpretation—give clear statutes their plain meaning)
- Moore v. State, 949 N.E.2d 343 (Ind. 2011) (judicial role is to apply statutes as enacted)
- State v. Brunner, 947 N.E.2d 411 (Ind. 2011) (courts lack authority to modify convictions years later absent legislative authorization)