Ronnii J. Wallace v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 30, 2019
• Docket: 19A-CR-9
• 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 Apr 30 2019, 11:29 am

court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Randall J. Hammond Curtis T. Hill, Jr. Deputy Public Defender Attorney General Leonard, Hammond, Thoma & Terrill Fort Wayne, Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Ronnii J. Wallace, April 30, 2019 Appellant-Defendant/Cross-Appellee, Court of Appeals Case No. 19A-CR-9 v. Appeal from the Allen Superior Court State of Indiana, The Honorable Frances C. Gull, Appellee-Plaintiff/Cross-Appellant Judge Trial Court Cause No. 02D06-1804-F6-380

Crone, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-9 | April 30, 2019 Page 1 of 3 Case Summary [1] Ronnii J. Wallace appeals the one-year aggregate sentence imposed by the trial

court following his convictions for level 6 felony possession of cocaine, class B

misdemeanor possession of marijuana, and class C misdemeanor operating a

vehicle without ever receiving a license. On cross-appeal, the State argues that

Wallace failed to file a timely notice of appeal and thus forfeited the right to

appeal. We agree with the State and therefore dismiss.

Facts and Procedural History [2] On July 16, 2018, Wallace pled guilty to level 6 felony possession of cocaine,

class B misdemeanor possession of marijuana, and class C misdemeanor

operating a vehicle without ever receiving a license. He was accepted into the

Allen County drug court program. On October 1, 2018, the trial court revoked

his placement and ordered a presentence investigation report. On November 1,

2018, the trial court sentenced Wallace to concurrent terms of one year for the

level 6 felony, 183 days for the class B misdemeanor, and 60 days for the class

C misdemeanor. The sentencing order was noted in the chronological case

summary (“CCS”) that same day. The trial court appointed appellate counsel

to represent Wallace, and counsel filed his appearance on November 6, 2018.

A notice of appeal was not filed on Wallace’s behalf until January 3, 2019,

sixty-three days after the trial court issued the sentencing order.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-9 | April 30, 2019 Page 2 of 3 Discussion and Decision [3] On cross-appeal, the State raises an issue that we find dispositive: whether

Wallace has forfeited his right to appeal his sentence by failing to timely file his

notice of appeal. “A party initiates an appeal by filing a Notice of Appeal with

the Clerk [of the Indiana Supreme Court, Court of Appeals and Tax Court]

within thirty (30) days after the entry of a Final Judgment is noted in the

Chronological Case Summary.” Ind. Appellate Rule 9(A)(1). “Unless the

Notice of Appeal is timely filed, the right to appeal shall be forfeited except as

provided by [Post-Conviction Rule] 2[,]” which does not apply here. Ind.

Appellate Rule 9(A)(5).

[4] Here, the trial court’s sentencing order was noted in the CCS on November 1,

2018. The notice of appeal was not filed until January 3, 2019, which was more

than a month past the deadline imposed by the Indiana Appellate Rules. Thus,

Wallace forfeited his right to appeal his sentence. Upon forfeiture, the right to

appeal may be restored if extraordinarily compelling reasons are present. In re

Adoption of O.R., 16 N.E.3d 965, 971 (Ind. 2014). Wallace’s appellate counsel

did not file a reply brief to offer such reasons, and, based upon the record before

us, we find no such reasons to review the merits of the trial court’s discretionary

sentencing decision. Accordingly, we dismiss the appeal.

[5] Dismissed.

Bradford, J., and Tavitas, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-CR-9 | April 30, 2019 Page 3 of 3