Danny R. Slawnikowski v. State of Indiana (mem. dec.) ( 2016 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
Feb 16 2016, 8:41 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.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Clay M. Patton Gregory F. Zoeller
Osan & Patton, LLP Attorney General of Indiana
Valparaiso, Indiana
Karl M. Scharnberg
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Danny R. Slawnikowski, February 16, 2016
Appellant-Defendant, Court of Appeals Case No.
64A05-1509-CR-1417
v. Appeal from the Porter Superior
Court
State of Indiana, The Honorable David L.
Appellee-Plaintiff. Chidester, Judge
Trial Court Cause No.
64D04-1409-F6-8567
Najam, Judge.
Court of Appeals of Indiana | Memorandum Decision 64A05-1509-CR-1417| February 16, 2016 Page 1 of 3
Statement of the Case
[1] Danny R. Slawnikowski appeals his sentence following his conviction for
domestic battery, as a Class A misdemeanor. Slawnikowski raises a single issue
for our review, namely, whether his sentence of one year was inappropriate in
light of the nature of the offense and character of the offender. But we need
only address the following dispositive issue: whether this appeal is moot. We
dismiss.
Facts and Procedural History
[2] On the morning of September 27, 2014, Slawnikowski woke up his wife,
Elizabeth, after realizing he would be late to work and she would be late in
picking up her son. Soon after Elizabeth arose from bed, Slawnikowski and
Elizabeth got into a verbal and physical altercation with one another.
Immediately after the altercation, Slawnikowski left the residence and Elizabeth
called the police to report the incident. Shortly thereafter, officers of the
Chesterton Police Department arrived and arrested Slawnikowski.
[3] The State charged Slawnikowski with strangulation, as a Level 6 Felony, and
domestic battery, as a Class A misdemeanor. The jury found Slawnikowski not
guilty of strangulation but guilty of domestic battery. Following a sentencing
hearing, the trial court sentenced Slawnikowski to 365 days in the Porter
County Jail. Sent. Tr. at 9. Slawnikowski completed his sentence in late July
of 2015.
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Discussion and Decision
[4] On appeal, Slawnikowski argues that his one year sentence is inappropriate in
light of the nature of the offense and his character. But we need only address
whether this appeal is moot since he has already completed his sentence.
[5] The long-standing rule in Indiana is that a “case is deemed moot and will be
dismissed when no effective relief can be rendered to the parties before the
court.” In re Lawrence, 579 N.E.2d 32, 37 (Ind. 1991). Once a defendant’s
“sentence has been served, the issue of the validity of the sentence is rendered
moot.” Lee v. State, 816 N.E.2d 35, 40 n.2 (Ind. 2004). Indiana’s courts have
long recognized that a case that is otherwise moot may nevertheless be decided
on its merits when the case involves a question of “great public interest.” In re
Lawrence, 579 N.E.2d at 37. And we have defined cases of “great public
interest” as those that “raise important policy concerns and present issues that
are likely to recur.” Mosley v. State, 908 N.E.2d 599, 603 (Ind. 2009).
[6] Here, Slawnikowski has already served his 365-day sentence for his domestic
battery conviction. Thus, this court cannot provide Slawnikowski with any
effective relief on appeal. Lee, 816 N.E.2d at 40 n.2. And this case does not fall
under the “great public interest” exception to the mootness doctrine. In re
Lawrence, 579 N.E.2d at 37. Accordingly, we are obliged to dismiss this appeal
as moot.
[7] Dismissed.
Riley, J., and May, J., concur.
Court of Appeals of Indiana | Memorandum Decision 64A05-1509-CR-1417| February 16, 2016 Page 3 of 3