Crosby Rayne Waller v. State of Indiana (mem. dec.) ( 2018 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Dec 11 2018, 10:23 am
court except for the purpose of establishing
CLERK
the defense of res judicata, collateral Indiana Supreme Court
Court of Appeals
estoppel, or the law of the case. and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Michael Frischkorn Curtis T. Hill, Jr.
Frischkorn Law LLC Attorney General of Indiana
Fortville, Indiana
Henry A. Flores, Jr.
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Crosby Rayne Waller, December 11, 2018
Appellant/Cross-Appellee-Petitioner, Court of Appeals Case No.
18A-CR-1398
v. Appeal from the Hamilton
Superior Court
State of Indiana, The Honorable William J. Hughes,
Appellee/Cross-Appellant-Respondent Judge
Trial Court Cause No.
29D03-1611-F5-8588
Crone, Judge.
[1] Crosby Rayne Waller was serving probation after pleading guilty to level 6
felony battery against a public safety officer. The State alleged, and the trial
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1398 | December 11, 2018 Page 1 of 2
court found, that Waller violated his probation by committing new offenses and
taking illegal drugs. The court revoked his probation and executed the
remainder of his previously suspended sentence. Waller failed to perfect an
appeal within thirty days and sought leave to file a belated appeal pursuant to
Indiana Post-Conviction Rule 2, which the trial court granted. He asserts that
the trial court abused its discretion in executing the remainder of his previously
suspended sentence. The State cross-appeals, to which Waller does not
respond, claiming that the trial court erred in granting Waller leave to file a
belated appeal and that we must therefore dismiss. Finding the State’s cross-
appeal issue dispositive, we dismiss. See Dawson v. State, 943 N.E.2d 1281, 1281
(Ind. 2011) (adopting this Court’s analysis that Post-Conviction Rule 2 does not
allow belated appeals from orders revoking probation).
[2] Dismissed.
Vaidik, C.J., and Mathias, J., concur.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-1398 | December 11, 2018 Page 2 of 2