DAVIS v. STATE (2023)

MEMORANDUM DECISION

Case Summary

[1] Jarmone Davis appeals the trial court's denial of his motion to correct erroneous sentence. We affirm.

Facts and Procedural History

[2] In December 2017, the State charged Davis with fourteen drug-related crimes. A series of amendments to the charging information resulted in the dismissal of four of the counts, a jury found Davis not guilty of three of the counts, and the trial court vacated four of the counts based on double jeopardy principles. Ultimately, Davis was convicted of and sentenced for three crimes: level 5 felony corrupt business influence, level 2 felony conspiracy to commit dealing in a narcotic drug of ten grams or more, and level 2 felony conspiracy to commit dealing in methamphetamine of ten grams or more.

[3] In July 2019, the trial court sentenced Davis to six years for level 5 felony corrupt business influence, eighteen years for level 2 felony conspiracy to commit dealing in a narcotic drug of ten grams or more, and eighteen years for level 2 felony conspiracy to commit dealing in methamphetamine of ten grams or more. The trial court ordered these sentences to be served consecutively and suspended six years of the sentence for the conspiracy to commit dealing in methamphetamine.

[4] Davis appealed his convictions and sentences. This Court affirmed his convictions but found that the trial court abused its discretion by ordering the sentences for conspiracy to commit dealing in a narcotic drug and conspiracy to commit dealing in methamphetamine to be served consecutively. Davis v. State, 142 N.E.3d 495, 507 (Ind. Ct. App. 2020). This Court then imposed concurrent, executed eighteen-year terms for these convictions and remanded to the trial court to enter a new sentencing order. Id. at 507-08. The trial court did so in May 2020.

[5] In October 2022, Davis filed a motion to correct erroneous sentence, which the trial court denied in November 2022. This appeal ensued.

Discussion and Decision

[6] “We review a ruling on a motion to correct erroneous sentence only for an abuse of discretion.” Hobbs v. State, 71 N.E.3d 46, 48 (Ind. Ct. App. 2017), trans. denied. A motion to correct erroneous sentence is governed by Indiana Code Section 35-38-1-15, which states,

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.

[7] The statute provides “prompt, direct access to an uncomplicated legal process for correcting the occasional erroneous or illegal sentence.” Robinson v. State, 805 N.E.2d 783, 785 (Ind. 2004) (quoting Gaddie v. State, 566 N.E.2d 535, 537 (Ind. 1991)). A motion to correct sentence “is appropriate only when the sentence is erroneous on its face.” Id. at 786 (quotation marks and citations omitted). This means that “a motion to correct sentence 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.” Id. at 787. “As to sentencing claims not facially apparent, the motion to correct sentence is an improper remedy.” Id. “Such claims may be raised only on direct appeal and, where appropriate, by post-conviction proceedings.” Id.

[8] Davis presents two arguments. First, he argues that his eighteen-year sentences for level 2 felony conspiracy to commit dealing in a narcotic drug of ten grams or more and level 2 felony conspiracy to commit dealing in methamphetamine of ten grams or more exceed the six-year maximum sentence provided by Indiana Code Section 35-50-2-6. Davis's argument is misguided. Section 35-50-2-6 sets forth the penalty for level 5 felonies, but Davis's conspiracy convictions are level 2 felonies. Indiana Code Section 35-50-2-4.5 applies to those convictions and provides that the penalty for a level 2 felony is between ten and thirty years. Davis's eighteen-year sentences fall within the applicable statutory range.

[9] Second, Davis argues that his sentences for the conspiracy convictions are erroneous because they are lesser included offenses of the corrupt business influence conviction as charged. This argument requires consideration of his charges, jury instructions, and trial evidence, and thus requires us to consider matters beyond the face of the sentencing order. As such, the claim is inappropriate for a motion to correct erroneous sentence. See Robinson, 805 N.E.2d at 786-87.

[10] In sum, Davis has failed to show any error on the face of the sentencing order. We conclude that the trial court acted within its discretion in denying Davis's motion. Accordingly, we affirm.

[11] Affirmed.

Crone, Judge.

Brown, J., and Felix, J., concur.