APPEAL FROM THE TIPPECANOE SUPERIOR COURT. The Honorable Michael A. Morrissey, Judge. Cause No. 79D06-1201-FD-11.
ATTORNEY FOR APPELLANT: DANIEL J. MOORE, Laszynski & Moore, Lafayette, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; IAN MCLEAN, Deputy Attorney General, Indianapolis, Indiana.
PYLE, Judge. MATHIAS, J., and BRADFORD, J., concur.
STATEMENT OF THE CASE
John Jacob Venters (" Venters" ) appeals his sentence for operating a vehicle while intoxicated (" OVWI" ) a Class D felony, enhanced by the habitual substance offender statute.
We reverse and remand with instructions for the trial court to order Venters's enhanced sentence to run concurrently to his previously enhanced sentences.
Whether the trial court erred when it ordered Venters's sentence at issue in this case to be served consecutively to his previously entered sentences that were enhanced by habitual offender statutes.
On January 11, 2008, Venters received a three year suspended sentence under cause number 79D01-0706-FB-024 (" FB-024" ) for obtaining a controlled substance by fraud or deceit, a class D felony. On February 19, 2009, Venters received an eleven year enhanced sentence under cause number 79D01-0809-FC-064 (" FC-064" ) for (1) obtaining a legend drug by forgery or alteration, a class D felony; (2) OVWI, a class D felony; and (3) being an habitual substance offender. On January 4, 2013, Venters received an enhanced nineteen year sentence under cause number 79D01-1206-FB-011 (" FB-011" ) for reckless homicide, a class C felony, and for being an habitual offender.
The instant case arises from a different set of charges filed under cause number 70D01-1201-FD-011 (" FD-011" ). On October 2, 2011 in Tippecanoe County, Venters was the driver of a vehicle that was involved in an accident. Deputy Thomas Lehman (" Deputy Lehman" ) with the Tippecanoe County Sheriff's Department arrived at the scene of the crash and observed that Venters had slurred speech ...