James Asher v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: May 21, 2019
• Docket: 18A-CR-2825
• 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 May 21 2019, 10:50 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Anna Onaitis Holden Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Samuel J. Dayton Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

James Asher, May 21, 2019 Appellant-Defendant, Court of Appeals Case No. 18A-CR-2825 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Steven J. Rubick, Appellee-Plaintiff. Magistrate Trial Court Cause No. 49G08-1807-CM-24839

Bailey, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2825 | May 21, 2019 Page 1 of 3 Case Summary [1] Following a bench trial, James Asher (“Asher”) was convicted of Class B

misdemeanor Battery.1 Asher now appeals, seeking appellate revision of his

sentence. However, because Asher has already served his sentence, this issue is

moot. Nonetheless, as the State points out, portions of the record erroneously

reflect that Asher has been convicted of a Class A misdemeanor instead of a

Class B misdemeanor. Thus, we remand for correction of the record.

Facts and Procedural History [2] On June 24, 2018, Asher carried a beer into his mother-in-law’s home. His

sister-in-law asked him to leave. Asher then threw beer onto his sister-in-law,

with beer splashing onto his mother-in-law and around the kitchen. The State

charged Asher with Class A misdemeanor Battery. A bench trial was held, and

Asher was convicted of a lesser-included offense: Class B misdemeanor Battery.

On November 5, 2018, Asher was sentenced to 180 days in the Marion County

Jail with sixty days suspended to probation. Asher now appeals.

Discussion and Decision [3] Asher seeks appellate revision of his sentence. Yet, the State asserts—and

Asher does not dispute—the issue is moot because Asher has served his

1 Ind. Code § 35-42-2-1(c).

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2825 | May 21, 2019 Page 2 of 3 sentence. We conclude the issue is moot. See T.W. v. St. Vincent Hosp. & Health

Care Ctr., Inc., 2019 WL 1915003, at *2 (Ind. Apr. 30, 2019) (“The long-

standing rule in Indiana courts has been that a case is deemed moot when no

effective relief can be rendered to the parties before the court.” (quoting In re

Lawrance, 579 N.E.2d 32, 37 (Ind. 1991)). Having concluded as much, we

would typically dismiss. See id. Yet, as the State observes, the Chronological

Case Summary and written sentencing order erroneously show that Asher was

convicted of a Class A misdemeanor. We therefore remand with instructions to

correct the record so that it shows the conviction as a Class B misdemeanor.

[4] Remanded with instructions.

Riley, J., and Pyle, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-2825 | May 21, 2019 Page 3 of 3