James Parrott v. State of Indiana (mem. dec.) ( 2018 )

MEMORANDUM DECISION FILED Pursuant to Ind. Appellate Rule 65(D), Aug 01 2018, 10:03 am this Memorandum Decision shall not be CLERK regarded as precedent or cited before any Indiana Supreme Court Court of Appeals court except for the purpose of establishing and Tax Court the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Darren Bedwell Curtis T. Hill, Jr. Marion County Public Defender Attorney General of Indiana Indianapolis, Indiana Chandra K. Hein Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA James Parrott, August 1, 2018 Appellant-Defendant, Court of Appeals Case No. 49A02-1712-CR-2761 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Jose D. Salinas, Appellee-Plaintiff Judge Trial Court Cause No. 49G14-1511-F6-40302 Baker, Judge. Court of Appeals of Indiana | Memorandum Decision 49A02-1712-CR-2761 | August 1, 2018 Page 1 of 2 [1] On November 6, 2017, the trial court found Parrott guilty of multiple offenses, including Class B misdemeanor possession of marijuana. The same day, the trial court sentenced Parrott. The sentencing order classifies Parrott’s possession of marijuana conviction as a Class A misdemeanor. The State concedes on appeal that the sentencing order is erroneous due to an apparent scrivener’s error. We therefore remand with instructions to correct the sentencing order to reflect that Parrott’s possession of marijuana conviction is a Class B, rather than a Class A, misdemeanor. [2] The judgment of the trial court is remanded with instructions to correct the sentencing order. May, J., and Robb, J., concur. Court of Appeals of Indiana | Memorandum Decision 49A02-1712-CR-2761 | August 1, 2018 Page 2 of 2