John Mazurak v. State of Indiana (mem. dec.) ( 2016 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be Jan 13 2016, 7:56 am
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
APPELLANT PRO SE ATTORNEYS FOR APPELLEE
John Mazurak Gregory F. Zoeller
Westville, Indiana Attorney General of Indiana
Michael Gene Worden
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
John Mazurak, January 13, 2016
Appellant-Petitioner, Court of Appeals Case No.
57A03-1502-CR-42
v. Appeal from the Noble Circuit
Court
State of Indiana, The Honorable Michael J. Kramer,
Appellee-Respondent. Special Judge
Trial Court Cause No.
57C01-1301-FC-2
Bailey, Judge.
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Case Summary
[1] Subsequent to his plea of guilty to Theft, as a Class D felony, 1 John Mazurak
(“Mazurak”) filed a variety of pro se motions, including a Motion for Acquittal
of Burglary, a Motion for Default Summary Judgment for Acquittal of
Burglary, a Motion to Withdraw Plea, a Motion for Leave to Add Exhibits, a
request for alleged exculpatory materials, a Motion for Abeyance of
Withdrawal of Guilty Plea, and a Petition for Order to Delite Non Convictions
of Non Crimes. The trial court entered an order purportedly denying all
pending motions, but simultaneously appointed counsel to pursue appropriate
motions and represent Mazurak at a future hearing. Mazurak appeals. We
dismiss.
Issue
[2] Mazurak contends that the trial court erred by refusing to allow him to
withdraw a guilty plea that was entered involuntarily. He also articulates a
second issue, claiming that he should have been acquitted of Burglary.2 We
address the sole dispositive issue: whether there is an appealable final order in
this case.
1
Ind. Code § 35-43-4-2.
2
I.C. § 35-43-2-1.
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Facts and Procedural History
[3] On December 29, 2012, Kendallville Police officers discovered a hole in the
fence around the Dalton Foundry. Mazurak was discovered inside, dragging
copper wire.3
[4] On January 2, 2013, the State charged Mazurak with Theft, Trespass, and
Resisting Law Enforcement. On the following day, the State filed a Burglary
charge. On November 14, 2013, Mazurak pled guilty to Theft and the
remaining charges were dismissed. Mazurak was sentenced to three years
imprisonment, to be served consecutive to a sentence incurred in another
county.
[5] On May 23, 2014, Mazurak filed a motion to withdraw his guilty plea. He
alleged that his plea was involuntary due to incorrect advice from his counsel,
that the judgment was voidable because of changes to the Indiana Criminal
Code, and that the theft statute was unconstitutionally vague and ambiguous.
He filed numerous other pro-se motions, and successfully secured a change of
judge. Ultimately, the matter was set for a hearing on January 9, 2015 to
determine which motions were pending before the new judge.
3
According to Mazurak, he had a “blackout spell” inside the foundry; he was “snapped out of his blackout
spell by [an] invasion force raid;” he fled from police while in a disoriented state; and, unbeknownst to him,
he was dragging something caught on his pant leg. (Appellant’s Brief at 5.)
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[6] At the hearing, Mazurak was afforded the opportunity to proceed pro-se but –
after some discussion of his limited access to a law library and his difficulty
with writing due to a stroke – Mazurak reluctantly requested representation by
appointed counsel. The trial court stated to Mazurak: “I’m just informing you
that I’m not going to rule on … any sort of pro se motions they need to be filed
by your attorney at this point. … I will wait for your attorney to request a
hearing and depending upon what motions and how much time the attorney
thinks it will take I’ll set it then.” (Tr. at 60-62.) However, the trial court
entered a written order of denial:
As a result of the numerous and confusing motions Defendant
has filed pro se, and currently being represented by counsel, the
court now denies all pending motions. Defendant’s counsel may
file any motions he or she deems appropriate.
(Appellee’s App. at 9; Appellant’s Brief at 22.) Mazurak filed a Notice of
Appeal.
Discussion and Decision
[7] It is the duty of the Court of Appeals to determine whether it has jurisdiction
before proceeding to determine the merits of any case. Montgomery, Zukerman,
Davis, Inc. v. Chubb Grp. of Ins. Cos., 698 N.E.2d 1251, 1252-53 (Ind. Ct. App.
1998), trans. denied. When the Court determines that it does not have
jurisdiction, it shall dismiss the appeal. Id. at 1253.
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[8] A final appealable order or judgment is one that disposes of all of the issues as
to all of the parties and puts an end to the particular case. Id. The sufficiency of
a judgment is to be tested by its substance rather than its form. Id. The
judgment must show distinctly, and not inferentially, that the matters litigated
have been disposed of in favor of one of the parties and the rights of the parties
have been finally adjudicated. Id. Even where the trial court’s order lacks some
of the details or formalities generally required in a judgment, the order is
nevertheless a final appealable judgment where it disposes of all claims of all of
the parties. Id.
[9] Indiana Trial Rule 58 provides in pertinent part as follows:
Entry of judgment. Subject to the provisions of Rule 54(B), upon
a verdict of a jury, or upon a decision of the court, the court shall
promptly prepare and sign the judgment, and the clerk shall
thereupon enter the judgment in the Record of Judgments and
Orders and note the entry of the judgment in the Chronological
Case Summary and Judgment Docket.
[10] Indiana Trial Rule 54(B) provides in pertinent part as follows:
A judgment as to one or more but fewer than all of the claims or
parties is final when the court in writing expressly determines
that there is no just reason for delay, and in writing expressly
directs entry of judgment, and an appeal may be taken upon this
or other issues resolved by the judgment; but in other cases a
judgment, decision or order as to less than all the claims and
parties is not final.
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[11] Here, the trial court and Mazurak discussed and clearly anticipated further
proceedings to address the merits of Mazurak’s motion for withdrawal of his
guilty plea. The trial court found the contentions of Mazurak’s numerous
motions to be confusing and inquired as to whether Mazurak wished to
continue to pursue his claims pro-se. Mazurak related several concerns as to his
health, abilities, and access to legal materials and eventually expressed his
desire to have counsel appointed for him. The trial court verbally assured
Mazurak that an evidentiary hearing would be scheduled upon proper motion
from his attorney. In these unique circumstances, the trial court did not finally
dispose of all claims and put an end to the particular case. Accordingly, we
dismiss the purported appeal.
[12] Dismissed.
Vaidik, C.J., concurs.
Crone, J., dissents with separate opinion.
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IN THE
COURT OF APPEALS OF INDIANA
John Mazurak, Court of Appeals Case No.
57A03-1502-CR-42
Appellant-Petitioner,
v.
State of Indiana,
Appellee-Respondent.
Crone, Judge, dissenting.
[13] I respectfully dissent. In concluding that the trial court’s judgment does not
finally dispose of all of Mazurak’s claims, the majority has elevated form over
substance and unnecessarily prolonged this litigation. The gravamen of
Mazurak’s numerous motions is that he should be allowed to withdraw his
guilty plea. The trial court denied those motions, and Mazurak appealed that
ruling. I would affirm the ruling on the merits for the reasons capably advanced
by the State in its appellee’s brief. That Mazurak’s appointed counsel can file
additional motions is irrelevant.
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