Hill v. State

611 N.E.2d 133, 1993 Ind. App. LEXIS 241, 1993 WL 76585

Opinions

DISMISSAL OF APPEAL

SULLIVAN, Judge.

William N. Hill attempts to appeal his conviction for child molesting.

Although the record contains some references by a court reporter to the effect that Andrew Fogle was serving as a "special judge" at the time of trial, the record does not contain any appointment or purported appointment of Andrew Fogle as special judge. Seemingly to the contrary, the ree-ord reflects that the Judge's Certificate of the sentencing hearing was signed by Andrew Fogle as judge pro tem, not as special judge.

Because the record reveals that the trial and sentencing was conducted by a person other than a duly qualified judge of the Marion Superior Court, there is no appeal-able judgment in the matter. Scruggs v. State, (1993) 2d Dist.Ind.App., 609 N.E.2d 1148.

The purported appeal is hereby dismissed and Hill is ordered released from the custody of the Department of Correction and returned to the custody of the Marion County Sheriff at such time as this decision becomes final and is certified by the Clerk of the Court of Appeals.

RUCKER, J., concurs. BUCHANAN, Senior Judge, dissents and files separate opinion.