from the Marion Superior Court The Honorable Clayton A.
Graham, Judge Trial Court Cause No. 49G07-1508-CM-28999
Attorney for Appellant Suzy St. John Marion County Public
Attorneys for Appellee Curtis T. Hill, Jr., Katherine
Modesitt Cooper Deputy Attorney
Devonte Owens appeals his sentence for Carrying a Handgun
Without a License,  a Class A Misdemeanor, arguing that he was
denied due process at his sentencing hearing. Finding that
Owens did not receive due process, we reverse and remand for
a new sentencing hearing.
[¶2] On August 15, 2015, Officer Brett
Bousema of the Indianapolis Metropolitan Police Department
made a traffic stop after observing a car make several
traffic violations. Officer Bousema asked the driver, Quina
Simon, and the two occupants in the car for identification.
One passenger identified himself as Owens, and the other
identified himself as a juvenile. Officer Bousema asked
whether there were any weapons in the car, and each of the
occupants said there were not. After finding that Simon's
driver's license was suspended but that Owens had a valid
driver's license, Officer Bousema asked Simon and Owens
whether they could switch seats. When Officer Bousema opened
the door to the vehicle, he observed a handgun between the
passenger seat and the car door.
The State charged Owens with carrying a handgun without a
license, a Class A misdemeanor. After an April 25, 2016,
bench trial, the trial court found Owens guilty as charged.
The trial court remanded Owens to the custody of the Marion
County Sheriff, at which time the following exchange
Defense Counsel: Judge, Mr. Owens is working, he's a
college student, he will lose the job that he just received.
We would ask that we either proceed to sentencing today, or
that he be allowed to self-report. He's not missed work.
The Court: Who says he's going to be going to Community
Defense Counsel: No, self-report for sentencing. He's not
missed court. He does not have a significant criminal
The Court: Well, when you go to trial, you expect to go to
jail today. Why are we-self-report for what?
Defense Counsel: If we're not proceeding to sentencing
today, that he could report to sentencing.
The Court: All right. Right. Well, we will-he has two days
credit, 365 days Marion County Jail-he has two actual days
credit, so that would be four, so it will be 271 suspended.
He'll be placed on probation for 275 days and that will
be reporting probation. He'll be assessed a statutory
Safe School fee of $200, fine in the amount of $100 and court
costs in the amount of $183. Public defender recoupment
fee-did he pay his public defender recoupment ...