LeRon E. Easley-El v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: November 2, 2018
• Docket: 18A-CR-691
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any FILED court except for the purpose of establishing Nov 02 2018, 9:20 am the defense of res judicata, collateral CLERK estoppel, or the law of the case. Indiana Supreme Court Court of Appeals and Tax Court

APPELLANT PRO SE ATTORNEYS FOR APPELLEE LeRon Everett Easley-El Curtis T. Hill, Jr. Pendleton, Indiana Attorney General of Indiana

Angela N. Sanchez Assistant Section Chief, Criminal Appeals Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

LeRon E. Easley-El, November 2, 2018 Appellant-Defendant, Court of Appeals Case No. 18A-CR-691 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Amy Barbar, Appellee-Plaintiff. Magistrate Trial Court Cause No. 49G02-9303-CF-33518

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-691 | November 2, 2018 Page 1 of 3 Case Summary [1] In 1993, LeRon E. Easley-El was convicted of attempted murder, rape, criminal

deviate conduct, criminal confinement, robbery, and two counts of burglary.

He was sentenced to an aggregate ninety-year term. In the years since his

convictions, Easley-El has filed numerous unsuccessful motions to modify his

sentence. In the instant appeal, he challenges the denial of his most recent

motion to modify his sentence. We affirm.

Facts and Procedural History [2] In August of 1993, Easley-El was sentenced to an aggregate ninety-year term

after he pled guilty to attempted murder, rape, criminal deviate conduct,

criminal confinement, robbery, and two counts of burglary. In 2005, Easley-

El’s sentence was affirmed following a belated appeal. Between the years 1993

and 2015, Easley-El filed eleven motions for modification of his sentence, all of

which were denied. On March 8, 2018, Easley-El filed his twelfth motion for

sentence modification. The trial court denied Easley-El’s motion on March 12,

2018, stating that the “Petitioner is serving a sentence for a violent offense;

Petitioner has failed to show that the State of Indiana approves a modification

herein. Ct. DENIES modification.” Appellant’s App. p. 41.

Discussion and Decision [3] Easley-El contends that the trial court abused its discretion by denying his

motion for a sentence modification. “We review a trial court’s decision as to a Court of Appeals of Indiana | Memorandum Decision 18A-CR-691 | November 2, 2018 Page 2 of 3 motion to modify only for an abuse of discretion.” Carr v. State, 33 N.E.3d 358,

358 (Ind. Ct. App. 2015). “An abuse of discretion has occurred when the

court’s decision was clearly against the logic and effect of the facts and

circumstances before the court.” Id. at 359 (internal quotation omitted).

[4] Easley-El’s crimes qualify him as a violent criminal. In seeking relief, he must

therefore comply with the rules relating to sentence modification for violent

criminals. Indiana Code section 35-38-1-17(k) provides that after the elapse of

365 days from the date of sentencing, a convicted person who is a violent

criminal may not file a motion for sentence modification without the consent of

the prosecuting attorney. It is undisputed that the sentence at issue was

imposed in 1993. Easley-El’s motion for modification of his sentence was filed

on March 8, 2018, far more than 365 days from the date of sentencing. As

such, his motion required consent from the prosecuting attorney, which he did

not have. The trial court, therefore, did not abuse its discretion in denying

Easley-El’s petition.

[5] The judgment of the trial court is affirmed.

Bailey, J., and Mathias, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-CR-691 | November 2, 2018 Page 3 of 3