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Hobbs v. State

Court of Appeals of Indiana

February 15, 2017

Harry Hobbs, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Marion Superior Court. The Honorable Lisa F. Borges, Judge., The Honorable Anne Flannelly, Magistrate. Trial Court Cause No. 49G04-9309-CF-119274

          Attorney for Appellant Lisa M. Johnson Brownsburg, Indiana.

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Eric P. Babbs Deputy Attorney General Indianapolis, Indiana.

          BARTEAU, SENIOR JUDGE.

         Statement of the Case

         [¶1] Harry Hobbs appeals the sentence the trial court imposed on remand following the Court's decision that he was entitled to partial relief on his motion to correct erroneous sentence. We affirm.

         Issue

         [¶2] Hobbs raises one issue, which we restate as: whether his sentence as corrected on remand violates statutory limits and must be reduced.

         Facts and Procedural History

         [¶3] The facts as stated in a prior appeal are as follows:

On November 2, 1992, Hobbs committed the crimes from which this appeal stems. On September 15, 1993, the State charged him with Count 1, class A felony rape; Count 2, class A felony criminal deviate conduct; Count 3, class B felony burglary; and Count 4, class A felony criminal deviate conduct. A jury found Hobbs guilty as charged. On July 12, 1994, the trial court sentenced Hobbs to fifty years for Count 1, thirty years for Count 2, twenty years for Count 3, and fifty years for Count 4. The court ordered Counts 1 and 2 to run concurrent to each other and Counts 3 and 4 to run consecutive to each other and to Count 1, for an aggregate sentence of 120 years. Appellant's App. at 9, 87.
Hobbs appealed his convictions and sentence. He argued that the evidence was insufficient to support his convictions, that his convictions violated double jeopardy principles, and that his sentence was manifestly unreasonable. This Court affirmed. Hobbs v. State, No. 49A02-9410-CR-614 (Ind.Ct.App. May 25, 1995).
On March 27, 2015, Hobbs filed a motion to correct erroneous sentence pursuant to Indiana Code Section 35-38-1-15. He argued that his sentence violated Indiana Code Section 35-50-2-4, as amended July 1, 1994, because the new version reduced the presumptive sentence for a class A felony from thirty years to twenty-five years. He also argued that his aggregate sentence exceeded the limitation in Indiana Code Section 35-50-1-2, as amended effective July 1, 1994, on consecutive sentences arising from an episode of criminal conduct. The trial court found that Hobbs's sentence was not facially erroneous and denied his motion.

Hobbs v. State, No. 49A04-1505-CR-314, slip op. at 2-3 (Ind.Ct.App. Dec. 21, 2015), trans. denied ...


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