Darrick Scott Sullivan v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 17, 2020
• Docket: 19A-CR-2284
• 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 Feb 17 2020, 10:05 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 Cara Schaefer Wieneke Curtis T. Hill, Jr. Wieneke Law Office, LLC Attorney General of Indiana Brooklyn, Indiana Samantha M. Sumcad Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Darrick Scott Sullivan, February 17, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-2284 v. Appeal from the Henry Circuit Court State of Indiana, The Honorable Kit C. Dean Crane, Appellee-Plaintiff. Judge Trial Court Cause No. 33C02-1808-F3-11

Najam, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2284 | February 17, 2020 Page 1 of 3 Statement of the Case [1] Darrick Scott Sullivan appeals his sentence following his convictions for

robbery, as a Level 5 felony; criminal confinement, as a Level 6 felony; and

battery, as a Class B misdemeanor. Sullivan raises a single issue for our review,

namely, whether the trial court’s sentencing order is internally inconsistent

regarding the length of his aggregate sentence. We remand with instructions.

Facts and Procedural History [2] In August 2019, a jury found Sullivan guilty of robbery, as a Level 5 felony;

criminal confinement, as a Level 6 felony; and battery, as a Class B

misdemeanor. The court entered judgment of conviction and imposed the

maximum sentence for each conviction (six years, two and one-half years, and

180 days, respectively). However, the trial court found, and the parties agreed,

that the offenses constituted an episode of criminal conduct under Indiana

Code Section 35-50-1-2. Accordingly, in its written sentencing order, the court

noted that Sullivan’s sentence was statutorily capped at seven years.

Nonetheless, the written sentencing order also indicates that Sullivan’s

sentences for the two felony convictions are to run consecutively, for an

aggregate term of eight and a half years. In light of this inconsistency in the

sentencing order, this appeal ensued.

Discussion and Decision [3] Sullivan contends, and the State agrees, that the trial court’s written sentencing

order is internally inconsistent. On the one hand, the court imposed an

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2284 | February 17, 2020 Page 2 of 3 aggregate term of eight and a half years, and on the other hand, the court stated

that Sullivan’s sentence is statutorily capped at seven years. We agree with the

State that this case should be remanded to the trial court to correct this internal

inconsistency in the sentencing order such that Sullivan’s aggregate term is

capped at seven years. As both Sullivan and the State point out, the trial court

has options on how to impose the individual sentences for the two felony

convictions to meet the seven-year cap. Accordingly, we remand to the trial

court to correct the sentencing order and the abstract of judgment in a manner

not inconsistent with this decision.

[4] Remanded with instructions.

Vaidik, J., and Tavitas, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-2284 | February 17, 2020 Page 3 of 3