Opinion
Court of Appeals Case No. 18A-CR-2825
05-21-2019
James Asher, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
ATTORNEY FOR APPELLANT Anna Onaitis Holden Indianapolis, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Samuel J. Dayton Deputy Attorney General Indianapolis, Indiana
MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT Anna Onaitis Holden
Indianapolis, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr.
Attorney General of Indiana Samuel J. Dayton
Deputy Attorney General
Indianapolis, Indiana Appeal from the Marion Superior Court The Honorable Steven J. Rubick, Magistrate Trial Court Cause No. 49G08-1807-CM-24839 Bailey, Judge.
Case Summary
[1] Following a bench trial, James Asher ("Asher") was convicted of Class B misdemeanor Battery. Asher now appeals, seeking appellate revision of his sentence. However, because Asher has already served his sentence, this issue is moot. Nonetheless, as the State points out, portions of the record erroneously reflect that Asher has been convicted of a Class A misdemeanor instead of a Class B misdemeanor. Thus, we remand for correction of the record.
Facts and Procedural History
[2] On June 24, 2018, Asher carried a beer into his mother-in-law's home. His sister-in-law asked him to leave. Asher then threw beer onto his sister-in-law, with beer splashing onto his mother-in-law and around the kitchen. The State charged Asher with Class A misdemeanor Battery. A bench trial was held, and Asher was convicted of a lesser-included offense: Class B misdemeanor Battery. On November 5, 2018, Asher was sentenced to 180 days in the Marion County Jail with sixty days suspended to probation. Asher now appeals.
Discussion and Decision
[3] Asher seeks appellate revision of his sentence. Yet, the State asserts—and Asher does not dispute—the issue is moot because Asher has served his sentence. We conclude the issue is moot. See T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc., 2019 WL 1915003, at *2 (Ind. Apr. 30, 2019) ("The long-standing rule in Indiana courts has been that a case is deemed moot when no effective relief can be rendered to the parties before the court." (quoting In re Lawrance, 579 N.E.2d 32, 37 (Ind. 1991)). Having concluded as much, we would typically dismiss. See id. Yet, as the State observes, the Chronological Case Summary and written sentencing order erroneously show that Asher was convicted of a Class A misdemeanor. We therefore remand with instructions to correct the record so that it shows the conviction as a Class B misdemeanor. [4] Remanded with instructions. Riley, J., and Pyle, J., concur.