Antwain Coburn v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: October 2, 2019
• Docket: 19A-CR-435
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 02 2019, 9:19 am

court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Darren Bedwell Curtis T. Hill, Jr. Marion County Public Defender Attorney General of Indiana Indianapolis, Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Antwain Coburn, October 2, 2019 Appellant-Defendant, Court of Appeals Case No. 19A-CR-435 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Jennifer P. Appellee-Plaintiff Harrison, Judge Trial Court Cause No. 49G20-1306-FB-38641

Baker, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-435 | October 2, 2019 Page 1 of 3 [1] On January 15, 2014, Antwain Coburn pleaded guilty to Class B felony dealing

in cocaine and two counts of Class D felony resisting law enforcement.

Pursuant to the plea agreement, the trial court sentenced Coburn as follows:

ten years for dealing in cocaine with two years suspended to Community

Corrections; and three years each, executed, on the two Class D felony

convictions, to be served concurrently with each other and with the dealing in

cocaine conviction.

[2] On May 19, 2018, having fully served his sentences for the Class D felony

convictions and the executed portion of the dealing in cocaine conviction,

Coburn was released for two years of Community Corrections. Over the course

of September, October, and December 2018, Community Corrections filed

notices that Coburn had violated the terms of Community Corrections on four

occasions.

[3] On January 24, 2019, the trial court held a hearing on the notices of violation

and found that Coburn had, indeed, violated the terms of Community

Corrections. As a result, the trial court revoked the Community Corrections

placement and ordered Coburn to serve the remaining two years of the dealing

in cocaine conviction in the Department of Correction. The abstract of

judgment also ordered that two-year sentences for the Class D felony

convictions be served concurrently with the two-year dealing sentence. Coburn

appeals the portion of the trial court’s order imposing the Class D felony

sentences a second time.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-435 | October 2, 2019 Page 2 of 3 [4] The State concedes that the trial court’s order was erroneous, given that Coburn

had already served the sentences for his Class D felony convictions. We agree,

as those sentences were fully served with no time suspended. It is axiomatic

that once a sentence has been completely served, a trial court may not reinstate

that sentence and order it to be served a second time.

[5] The judgment of the trial court is remanded with instructions to amend the

abstract of judgment to remove the references to the Class D felony sentences.

Kirsch, J., and Crone, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-435 | October 2, 2019 Page 3 of 3