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Rasaki v. State

Court of Appeals of Indiana

February 18, 2014

SEGUN RASAKI, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

As Corrected February 18, 2014.

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Reuben Hill, Judge. Cause No. 49F18-1203-FD-013401.

ATTORNEY FOR APPELLANT: ROBERT B. TURNER, LEE & FAIRMAN, LLP, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.

MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.

OPINION

Page 1059

MATHIAS, Judge.

Following a bench trial, Segun Rasaki (" Rasaki" ) was convicted of Class D felony sexual battery and Class B misdemeanor battery in Marion Superior Court. On appeal, Rasaki claims that the State failed to produce evidence sufficient to support his convictions. Concluding, sua sponte, that Rasaki's appeal is untimely, we dismiss.

Facts and Procedural History

On March 3, 2012, the State charged Rasaki with Class D felony sexual battery and Class B misdemeanor battery. The State subsequently amended the charge to include another count of Class B misdemeanor battery. A bench trial was held on September 17, 2012. At the conclusion of the evidence and argument, the trial court took the matter under advisement. On September 25, 2012, the trial court found Rasaki guilty of Class D felony sexual battery and Class B misdemeanor battery. The trial court found Rasaki not guilty of the other count of battery, concluding that it was " subsumed" by the Class D felony sexual battery conviction.

Rasaki filed a motion for extension of time on October 17, 2012, seeking an extension of time to permit his recently-hired counsel to review the record for purposes of filling a motion to correct error or a post-conviction petition. The trial court granted this request the same day, setting the sentencing hearing for November 26, 2012.

At the November 26 sentencing hearing, the trial court sentenced Rasaki to concurrent terms of 545 days on the Class D felony conviction and 180 days on the Class B misdemeanor conviction. The trial court ordered that Rasaki serve 120 days executed, 245 days of home detention through community corrections, and 180 days suspended to probation. Rasaki filed a motion to correct error that same day, claiming there was insufficient evidence to support his convictions. Rasaki then filed a petition for post-conviction relief on November 27, 2012. On November 30, 2012, the trial court granted Rasaki's motion to stay sentence pending appeal. The State responded to Rasaki's motion to correct error on December 11, 2012. On February 15, 2013, the trial court denied Rasaki's motion to correct error.

Rasaki did not file a notice of appeal within thirty days of the trial court's order denying his motion to correct error, as required by Indiana Appellate Rule 9(A). According to the CCS, on March 1, 2013, Rasaki filed a motion for extension of time. The trial court ruled on Rasaki's motion on March 4, 2013, and the trial court's CCS entry for this ruling states that Rasaki's motion was " GRANTED UNTIL 4-16-13 UNTIL RULING ON PCR." Appellant's App. p. 12. The actual motion filed on March 1 and the trial court's order thereon do not appear to be in the record before us. But based on information from Rasaki's subsequent motions, it is apparent that this motion sought to extend the time for the filing of his notice of appeal.

On April 8, 2013, Rasaki filed a " Second Motion for Enlargement of Time," even though, by our count, this was actually his third motion for enlargement of time. Appellant's App. p. 55. In this motion, Rasaki acknowledged that the trial court denied his motion to correct error on February 14, 2013 and that he was therefore " required to file his ...


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