GOFF v. STATE (2024)

MEMORANDUM DECISION

[1] Shannon Goff was convicted of only two of the five offenses with which he was charged, but the trial court entered a sentencing order that was silent as to the remaining three counts. Goff and the State agree that this omission in the sentencing order renders it inadequate. We remand for correction of the sentencing order to reflect the disposition of all five charges.

Facts

[2] Goff's involvement in a domestic violence incident led to the State charging him with five offenses:

[3] Before trial, the trial court dismissed Count V (criminal mischief) at the State's request. During trial, after the close of the State's presentation of evidence, the trial court entered a not guilty verdict on Count IV (interference with reporting a crime) based on insufficient evidence. Goff's trial proceeded on the remaining three counts, with the jury ultimately acquitting Goff of Count I (strangulation) and finding him guilty of Counts II and III (intimidation and domestic battery, respectively).

[4] Though Goff faced five counts, the trial court's sentencing order shows only the disposition of Counts II and III, as follows:

App. Vol. II, p. 13.

Discussion and Decision

[5] Goff appeals, arguing that his sentencing order should be corrected to reflect the disposition of the three charges omitted from it. In Crane v. State, 147 N.E.3d 424 (Ind. Ct. App. 2020), this Court faced a nearly identical challenge involving the same Marion County courts’ sentencing template. The Crane Court remanded for correction of the sentencing order after ruling that “[t]he better practice is for sentencing orders to be complete and accurate with respect to the charges that were tried and the disposition of each, not just the charges that were reduced to a conviction.” Id. at 425 (emphasis in original). In a different context, our Supreme Court has similarly recognized that “careful and complete” sentencing orders aid appellate review. Greer v. State, 749 N.E.2d 545, 552 (Ind. 2001). Accordingly, we remand for correction of Goff's sentencing order to reflect the disposition of all five charges that he faced.

[6] Remanded.

Weissmann, Judge.

Pyle, J., and Felix, J., concur.