Crosby Rayne Waller v. State of Indiana (mem. dec.)

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 11 2018, 10:23 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Michael Frischkorn Curtis T. Hill, Jr. Frischkorn Law LLC Attorney General of Indiana Fortville, Indiana Henry A. Flores, Jr. Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Crosby Rayne Waller, December 11, 2018 Appellant/Cross-Appellee-Petitioner, Court of Appeals Case No. 18A-CR-1398 v. Appeal from the Hamilton Superior Court State of Indiana, The Honorable William J. Hughes, Appellee/Cross-Appellant-Respondent Judge Trial Court Cause No. 29D03-1611-F5-8588

Crone, Judge.

[1] Crosby Rayne Waller was serving probation after pleading guilty to level 6

felony battery against a public safety officer. The State alleged, and the trial

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1398 | December 11, 2018 Page 1 of 2 court found, that Waller violated his probation by committing new offenses and

taking illegal drugs. The court revoked his probation and executed the

remainder of his previously suspended sentence. Waller failed to perfect an

appeal within thirty days and sought leave to file a belated appeal pursuant to

Indiana Post-Conviction Rule 2, which the trial court granted. He asserts that

the trial court abused its discretion in executing the remainder of his previously

suspended sentence. The State cross-appeals, to which Waller does not

respond, claiming that the trial court erred in granting Waller leave to file a

belated appeal and that we must therefore dismiss. Finding the State’s cross-

appeal issue dispositive, we dismiss. See Dawson v. State, 943 N.E.2d 1281, 1281

(Ind. 2011) (adopting this Court’s analysis that Post-Conviction Rule 2 does not

allow belated appeals from orders revoking probation).

[2] Dismissed.

Vaidik, C.J., and Mathias, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-1398 | December 11, 2018 Page 2 of 2