Hardley v. State

905 N.E.2d 399, 2009 Ind. LEXIS 387, 2009 WL 1229428
CourtIndiana Supreme Court
DecidedMay 5, 2009
Docket49S05-0905-CR-209
StatusPublished
Cited by32 cases

This text of 905 N.E.2d 399 (Hardley v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardley v. State, 905 N.E.2d 399, 2009 Ind. LEXIS 387, 2009 WL 1229428 (Ind. 2009).

Opinions

DICKSON, Justice.

To address conflicting opinions from the Court of Appeals and to consider the import of recent decisions of this Court, we grant transfer and hold that the State may challenge the legality of a erimi-nal sentence by appeal without first filing a motion to correct erroneous sentence, and that such appeal need not be commenced within thirty days of the sentencing judgment.

The defendant was convicted and sentenced for three criminal offenses 1: class D felony Theft,2 class D felony Criminal Confinement,3 and class A misdemeanor Battery.4 His appeal presented claims of insufficient evidence and double jeopardy. Among the arguments made in the State's reply brief was that the trial court had erroneously imposed concurrent sentences in contravention of statute. As to the State's contention, the Court of Appeals, asserting the doctrine of fundamental error, refused to require such claim to be preserved by contemporaneous objection at trial, declined to require the State to challenge the allegedly erroneous sentence within thirty days of final judgment, and declared "[wle cannot ignore an illegal sentence, even if the State did fail to properly preserve the issue." Hardley v. State, 893 N.E.2d 1140, 1145 (Ind.Ct.App.2008).

The defendant sought transfer, in part arguing that the State waived any right to challenge the sentence because it failed to [401]*401raise an objection in the trial court, did not file a motion to correct an erroneous sentence, and did not raise the issue until cross-appeal. The defendant's view mirrors the dissent of Senior Judge Patrick Sullivan, who urged that, because the sentence was not facially erroneous and thus not subject to a motion to correct erroneous sentence, the State had only thirty days to challenge the sentence. Id. at 1148-49 (Sullivan, Sr. J., dissenting). This position is consistent with Hoggatt v. State, 805 N.E.2d 1281, 1284 (Ind.Ct.App.2004), aff'd on reh'g, 810 N.E.2d 737 (Ind.Ct.Ap. 2004), trans. denied. The Court of Appeals majority expressly declined to follow Hoggatt. Hardley, 898 N.E.2d at 1146. We accept jurisdiction solely to address this issue.

The Hoggatt court noted that a motion to correct an erroneous sentence is available only when the sentencing defect is apparent on the face of the sentencing judgment, applying this Court's decision in Robinson v. State, 805 N.E.2d 783 (Ind.2004). Finding that the claimed defect required resort to extrinsic matters, Hog-gatt concluded that the State could raise its claim but only on direct appeal, for which the thirty-day deadline had passed, and thus "the State is left without a remedy to challenge Hoggatt's sentence." Hoggatt, 805 N.E.2d at 1284. For reasons explained below, we disapprove of this limitation.

The legislature has enumerated several situations in which criminal appeals by the State "may be taken," but the list does not include challenging an erroneous sentence. Ind.Code § 35-38-4-2.5 In McCullough v. State, 900 N.E.2d 745 (Ind.2009), we held that the State "may not by appeal or cross-appeal ... initiate a challenge to a trial court's criminal sentence that is within the court's sentencing authority," but noted a recognized exception for sentences falling outside statutory authority, for which "the State may raise such a claim for the first time on appeal." Id. at 750 (citing Stephens v. State, 818 N.E.2d 936, 939-40 (Ind.2004)). Our opinion in Stephens noted that a long line of cases permit the State to raise such a claim initially on appeal. 818 N.E.2d at 939.6 Most of these cases employed the "fundamental error" rationale, but this was not expressly endorsed by McCullough or Stephens.

[402]*402The fundamental error doctrine serves, in extraordinary circumstances, to permit appellate consideration of a claim of trial error even though there has been a failure to make a proper contemporaneous objection during the course of a trial, which failure would ordinarily result in procedural default as to the claimed error. The doctrine applies to those errors deemed "so prejudicial to the rights of a defendant as to make a fair trial impossible." Barany v. State, 658 N.E.2d 60, 64 (Ind.1995). By its very nature, the doctrine exists to protect the fair trial rights of the defendant, not the State. And while sound judicial policy requires permitting the State to challenge an illegal sentence, the fundamental error doctrine is an inap-posite rationale.

Notwithstanding the limited statutory list of permissible criminal appeals by the State and the inappropriateness of fundamental error as a rationale, a separate additional source of statutory authority empowers the State to challenge illegal sentences. As to erroneous sentences, the legislature has also specifically authorized:

If the convicted person is erroneously sentenced, the mistake does not render the sentence void. The sentence shall be corrected after written notice is given to the convicted person. The convicted person and his counsel must be present when the corrected sentence is ordered. A motion to correct sentence must be in writing and supported by a memorandum of law specifically pointing out the defect in the original sentence.

Ind.Code § 35-38-1-15. The plain language of this provision, with its requirement of notice to a defendant, is not limited only to defendants, but by clear implication is also available to the State.

This statute was narrowly confined in Robinson to apply to sentencing judgments that are facially erroneous. 805 N.E.2d at 786-87. We held that a motion seeking relief under this statute

may only be used to correct sentencing errors that are clear from the face of the judgment imposing the sentence in light of the statutory authority. Claims that require consideration of the proceedings before, during, or after trial may not be presented by way of a motion to correct sentence.

Id. at 787. This restrictive interpretation resulted from our analysis emphasizing that, while a motion to correct an erroneous sentence was available as an alternate remedy, it was best for defendants to assert claims of erroneous sentence by direct appeal or by petition for post-conviction relief. Id. at 786-87. But Robinson had no occasion to analyze the application of § 35-38-1-15 to the State, which has constrained access to direct appeal and post-conviction remedies. See supra n. 5; Indiana Post-Conviction Rules PC 1, Section 1(a) (limiting the remedy to "[alny person who has been convicted of, or sentenced for, a crime"), and PC 2, Section 1(a) (limiting the remedy to "[aln eligible defendant").

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Bluebook (online)
905 N.E.2d 399, 2009 Ind. LEXIS 387, 2009 WL 1229428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardley-v-state-ind-2009.