962 N.E.2d 671
Ind. Ct. App.2012Background
- Long was observed driving unsafely with signs of intoxication; BAC 0.25; charged with Class A misdemeanor OWI and habitual offender, plus two other offenses.
- Plea negotiations led to Master Commissioner Hall accepting a guilty plea to OWI and habitual offender in exchange for dismissal of other charges.
- Plea agreement provided for an executed one-year sentence plus a three-year habitual enhancement, with the amount of execution to be determined by the court.
- Master Commissioner Hall sentenced Long: 1 year executed for OWI, plus 1 year executed for the habitual enhancement, and 2 years in Work Release; all executions in Marion County facilities.
- Judge Brown later rejected Hall’s sentence and imposed a different multi-year sentence after presiding over the sentencing hearing; Long appeals the sentencing authority issue.
- Issue on appeal concerns whether a master commissioner who presided at a guilty plea may be authorized to enter a final sentence under Indiana law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a master commissioner presiding at a guilty plea may impose a final sentence | Long asserts authority under §33-23-5-9(b) via a criminal-trial presiding magistrate. | State contends authority is limited to when a magistrate presides at a criminal trial. | Judge Brown correct; master commissioner lacked authority to enter final sentence at guilty plea. |
Key Cases Cited
- Boyer v. State, 883 N.E.2d 158 (Ind. Ct. App. 2008) (magistrate presiding over a criminal trial may enter final order and judgment of conviction)
- Ivy v. State, 947 N.E.2d 496 (Ind. Ct. App. 2011) (master commissioner authority discussed; plea-term context and waiver considerations)
- Offringa v. State, 637 N.E.2d 190 (Ind. Ct. App. 1994) (authority of magistrates/master commissioners to enter final orders)