Ralph Franklin, Jr. v. State of Indiana (mem. dec.) ( 2015 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), Aug 28 2015, 9:46 am
this Memorandum Decision shall not be
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
Ralph Franklin, Jr. Gregory F. Zoeller
New Castle, Indiana Attorney General of Indiana
Frances Barrow
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Ralph Franklin, Jr., August 28, 2015
Appellant-Petitioner, Court of Appeals Cause No.
49A05-1410-CR-499
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Kurt M. Eisgruber,
Appellee-Respondent. Judge, The Honorable Steven J.
Rubick, Magistrate
Trial Court Cause No.
49G01-1209-FC-66965
Barnes, Judge.
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Case Summary
[1] Ralph Franklin, Jr., appeals the trial court’s denial of his motion for
modification of sentence. We affirm.
Issue
[2] Franklin raises one issue, which we restate as whether the trial court properly
denied his motion for modification of sentence.
Facts
[3] In September 2012, Franklin was charged with two counts of Class C felony
child molesting. In March 2013, Franklin pled guilty to one count of Class C
felony child molesting and was sentenced to eight years with seven years to be
served in the Department of Correction (“DOC”) and one year to be served in
Marion County Community Corrections (“MCCC”).
[4] On September 15, 2014, Franklin filed a pro se motion to modify his sentence.
In the motion, Franklin requested that the trial court either: (1) allow him to
take all of his possessions with him to MCCC, or (2) convert his one year in
MCCC to one year in the DOC. Franklin contended that MCCC would not
allow him to leave the custody of the DOC with any personal property except
legal work and that he had possessions purchased from the inmate commissary
and documents from various classes and programs that he had taken. The next
day, the trial court denied the motion, finding that “a modification is neither
warranted nor appropriate.” App. p. 16. Franklin now appeals.
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Analysis
[5] Franklin argues that the trial court erred by denying his motion for modification
of his sentence. 1 We review a trial court’s decision to modify a sentence only
for abuse of discretion. Gardiner v. State, 928 N.E.2d 194, 196 (Ind. 2010). An
abuse of discretion occurs if the court’s decision is clearly against the logic and
effect of the facts and circumstances before the court. Myers v. State, 718 N.E.2d
783, 789 (Ind. Ct. App. 1999).
[6] Franklin contends that he needs documents obtained through his treatment
programs to continue his rehabilitation, which is a correctional goal. He also
argues that he should be able to transport his “tooth brush holder, soap dish,
bowl, cup, etc.” to MCCC and “should not be required to repurchase the same
property he already has.” Appellant’s Br. p. 4. Franklin requests that he be
allowed to transport his personal property to MCCC or that his sentence be
converted to an additional year in prison rather than a year in community
corrections at MCCC. 2
1
Franklin’s issue statement is: “Is there a right, constitutional and/or statutory, for rehabilitation of an
individual incarcerated within a state prison order [sic] authority of the Indiana Department of Corrections?
If not, what is the word Corrections doing in the agency name?” Appellant’s Br. p. 1. However, Franklin’s
argument concerns whether the trial court should order MCCC to allow Franklin to take his personal
possessions with him when he is transported from the DOC to MCCC.
2
Although the State does briefly discuss whether a hearing on a motion for modification of sentence is
required, Franklin made no argument that he was entitled to a hearing on his motion. Consequently, we do
not address that issue.
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[7] A trial court generally has no authority over a defendant after sentencing. State
v. Harper, 8 N.E.3d 694, 696 (Ind. 2014). One exception is Indiana Code
Section 35-38-1-17, which allows a convicted person to request a reduction or
suspension of his or her sentence by filing a motion to modify his or her
sentence. Franklin, however, is not requesting a reduction or suspension of his
sentence. Rather, he is requesting an exception to MCCC’s purported policies
or a change in the location of his incarceration from community corrections to
the DOC, which the State points out would be an enhancement of his sentence,
not a reduction or suspension. Consequently, a motion for modification of
sentence is not the proper method of obtaining the relief he is requesting.
Franklin’s issue appears to be more of a grievance with MCCC’s policies and
procedures.
[8] In his reply brief, Franklin argues that he may have “mislabeled” his motion
and that the trial court should have considered “the motion under the proper
rule and/or statute knowing [Franklin] is not an attorney.” Appellant’s Reply
Br. p. 4. We note, however, that Franklin cites no relevant statutes or cases
demonstrating that the trial court had the authority to order MCCC to allow
Franklin to bring his personal possessions to MCCC when he leaves the DOC.
It is unclear what “proper rule and/or statute” Franklin is referring to. Id.
Under these circumstances, we cannot say that the trial court abused its
discretion by denying Franklin’s motion for modification of his sentence.
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Conclusion
[9] The trial court properly denied Franklin’s motion for modification of his
sentence. We affirm.
[10] Affirmed.
Kirsch, J., and Najam, J., concur.
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