WHITE v. STATE (2024)

MEMORANDUM DECISION

[1] In January 2016, Jason White pled guilty to Level 6 felony theft and was sentenced to two years suspended to probation. The State later petitioned to revoke White's suspended sentence, alleging multiple probation violations. At a revocation hearing, White admitted to the violations, and the trial court ordered him to serve “the remainder of [his] backup time on community corrections.” Tr. p. 16. However, the subsequent written sentencing order and abstract of judgment both indicate that White's sentence is to be executed in the Department of Correction.

[2] White appeals, contending that the trial court unambiguously sentenced him to community corrections at the sentencing hearing and that the sentencing order and abstract of judgment contain clerical errors requiring correction. The State agrees. We accept the State's concession and remand for the trial court to correct the sentencing order and abstract of judgment to reflect placement with community corrections. In doing so, we note that the parties could have had these errors corrected sooner by moving for correction in the trial court. See, e.g., Ind. Trial Rule 60(A) (providing for correction of “clerical mistakes” in trial-court orders).

[3] Remanded.

Vaidik, Judge.

May, J., and Kenworthy, J., concur.