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
BARTEAU, SENIOR JUDGE.
of the Case
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.
Hobbs raises one issue, which we restate as: whether his
sentence as corrected on remand violates statutory limits and
must be reduced.
and Procedural History
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