Opinion
Court of Appeals Case No. 18A-CR-391
01-31-2019
Antrone L. Crockett, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
APPELLANT PRO SE Antrone L. Crockett South Bend, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General Jesse R. Drum 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.
APPELLANT PRO SE
Antrone L. Crockett
South Bend, Indiana
ATTORNEYS FOR APPELLEE
Curtis T. Hill, Jr.
Attorney General
Jesse R. Drum
Deputy Attorney General
Indianapolis, Indiana
Appeal from the St. Joseph Superior Court
The Honorable Elizabeth Hurley, Judge
Trial Court Cause No. 71D08-0403-MR-007
Vaidik, Chief Judge.
[1] In 2005, Antrone L. Crockett was convicted of Class A felony conspiracy to commit murder, and the trial court sentenced him to forty years. In 2018,
Crockett filed a motion to correct erroneous sentence pursuant to Indiana Code section 35-38-1-15. Specifically, he argued that his "conviction is illegal on its Face" because the State did not properly charge him with conspiracy. Appellant's App. p. 22 (emphasis added). The trial court denied Crockett's motion without holding a hearing because he did not allege "that the sentence itself is erroneous on its face." Id. at 49. We affirm. The purpose of Section 35-38-1-15 "is to provide prompt, direct access to an uncomplicated legal process for correcting the occasional erroneous or illegal sentence." Robinson v. State, 805 N.E.2d 783, 785 (Ind. 2004) (emphasis added). Here, however, the basis of Crockett's motion is that his conviction—not his sentence—is illegal.
[2] Affirmed.
Mathias, J., and Crone, J., concur.