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08/26/87 JOHN M. FRAZIER v. STATE INDIANA

Filed: August 26, 1987.

JOHN M. FRAZIER, PETITIONER-APPELLANT
v.
STATE OF INDIANA, RESPONDENT-APPELLEE



APPEAL FROM THE ST. JOSEPH SUPERIOR COURT, The Honorable William A. Hosinski, Judge, Cause No. 23878.

Garrard, P.j., Staton, J. and Conover, J., Concur.

Author: Garrard

GARRARD, P.J.

A jury convicted John Frazier of burglary, a Class B felony, and he was sentenced to ten years in prison.

On appeal he challenges the sufficiency of the evidence and the propriety of the court ordering his sentence to be served consecutively to that imposed on another offense.

Applying our normal standard of appellate review, we hold the evidence favoring the verdict was sufficient.

Evidence that the entire house had been ransacked supported an inference that more than one person was involved in the burglary. Soon after the owners chased one of the burglars, police called to the scene picked up Frazier about three-fourths of a mile from the house half-running and half-walking down Grant Road in the rain. Frazier told police he was with his girl friend and their car had broken down. This provided untrue. Then, the day after the burglary, Robert Evans called police and advised them Frazier had told Evans that Frazier was one of the burglars. At trial Evans so testified and related Frazier's account of how they had been surprised by the owners' return and how he had been left in the house when his companion escaped in their car and had then left on foot when the owners chased his companion. The evidence sustains the verdict.

When Fraizer was sentenced the court was aware that he had already entered a guilty plea before The Honorable Jeanne T. Swartz in another felony case and was awaiting sentencing in that case.

In imposing sentence herein the trial Judge ordered that Fraize's ten year sentence be served consecutively to whatever sentence Judge Swartz imposed in the other case.

Frazier argues this was error. We agree.

It is well settled that our courts have no authority to impose consecutive sentences in the absence of special statutory authority. Royal v. State (1979), 272 Ind. 151, 396 N.E.2d 390.

The statute which applies[Footnote 1] states:

"Except as provided in subsection (b) of this section, the court shall determine whether terms of imprisonment shall be ...


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