ASHER v. STATE (2019)

Court of Appeals of Indiana.

James ASHER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals Case No. 18A-CR-2825

Decided: May 21, 2019

Attorney for Appellant: Anna Onaitis Holden, Indianapolis, Indiana Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Samuel J. Dayton, Deputy Attorney General, Indianapolis, Indiana

MEMORANDUM DECISION

Case Summary

[1] Following a bench trial, James Asher (“Asher”) was convicted of Class B misdemeanor Battery.¹ Asher now appeals, seeking appellate revision of his sentence. However, because Asher has already served his sentence, this issue is moot. Nonetheless, as the State points out, portions of the record erroneously reflect that Asher has been convicted of a Class A misdemeanor instead of a Class B misdemeanor. Thus, we remand for correction of the record.

Facts and Procedural History

[2] On June 24, 2018, Asher carried a beer into his mother-in-law's home. His sister-in-law asked him to leave. Asher then threw beer onto his sister-in-law, with beer splashing onto his mother-in-law and around the kitchen. The State charged Asher with Class A misdemeanor Battery. A bench trial was held, and Asher was convicted of a lesser-included offense: Class B misdemeanor Battery. On November 5, 2018, Asher was sentenced to 180 days in the Marion County Jail with sixty days suspended to probation. Asher now appeals.

Discussion and Decision

[3] Asher seeks appellate revision of his sentence. Yet, the State asserts—and Asher does not dispute—the issue is moot because Asher has served his sentence. We conclude the issue is moot. See T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc., 2019 WL 1915003, at *2 (Ind. Apr. 30, 2019) (“The long-standing rule in Indiana courts has been that a case is deemed moot when no effective relief can be rendered to the parties before the court.” (quoting In re Lawrance, 579 N.E.2d 32, 37 (Ind. 1991)). Having concluded as much, we would typically dismiss. See id. Yet, as the State observes, the Chronological Case Summary and written sentencing order erroneously show that Asher was convicted of a Class A misdemeanor. We therefore remand with instructions to correct the record so that it shows the conviction as a Class B misdemeanor.

[4] Remanded with instructions.

FOOTNOTES

1. Ind. Code § 35-42-2-1(c).

Bailey, Judge.

Riley, J., and Pyle, J., concur.

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