James Asher v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any
May 21 2019, 10:50 am
court except for the purpose of establishing
the defense of res judicata, collateral CLERK
Indiana Supreme Court
estoppel, or the law of the case. Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Anna Onaitis Holden Curtis T. Hill, Jr.
Indianapolis, Indiana Attorney General of Indiana
Samuel J. Dayton
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
James Asher, May 21, 2019
Appellant-Defendant, Court of Appeals Case No.
18A-CR-2825
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Steven J. Rubick,
Appellee-Plaintiff. Magistrate
Trial Court Cause No.
49G08-1807-CM-24839
Bailey, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2825 | May 21, 2019 Page 1 of 3
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
1
Ind. Code § 35-42-2-1(c).
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2825 | May 21, 2019 Page 2 of 3
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.
Riley, J., and Pyle, J., concur.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2825 | May 21, 2019 Page 3 of 3