Ronnii J. Wallace v. State of Indiana (mem. dec.) ( 2019 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
FILED
regarded as precedent or cited before any Apr 30 2019, 11:29 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Randall J. Hammond Curtis T. Hill, Jr.
Deputy Public Defender Attorney General
Leonard, Hammond, Thoma & Terrill
Fort Wayne, Indiana Caroline G. Templeton
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Ronnii J. Wallace, April 30, 2019
Appellant-Defendant/Cross-Appellee, Court of Appeals Case No.
19A-CR-9
v. Appeal from the Allen Superior
Court
State of Indiana, The Honorable Frances C. Gull,
Appellee-Plaintiff/Cross-Appellant Judge
Trial Court Cause No.
02D06-1804-F6-380
Crone, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-9 | April 30, 2019 Page 1 of 3
Case Summary
[1] Ronnii J. Wallace appeals the one-year aggregate sentence imposed by the trial
court following his convictions for level 6 felony possession of cocaine, class B
misdemeanor possession of marijuana, and class C misdemeanor operating a
vehicle without ever receiving a license. On cross-appeal, the State argues that
Wallace failed to file a timely notice of appeal and thus forfeited the right to
appeal. We agree with the State and therefore dismiss.
Facts and Procedural History
[2] On July 16, 2018, Wallace pled guilty to level 6 felony possession of cocaine,
class B misdemeanor possession of marijuana, and class C misdemeanor
operating a vehicle without ever receiving a license. He was accepted into the
Allen County drug court program. On October 1, 2018, the trial court revoked
his placement and ordered a presentence investigation report. On November 1,
2018, the trial court sentenced Wallace to concurrent terms of one year for the
level 6 felony, 183 days for the class B misdemeanor, and 60 days for the class
C misdemeanor. The sentencing order was noted in the chronological case
summary (“CCS”) that same day. The trial court appointed appellate counsel
to represent Wallace, and counsel filed his appearance on November 6, 2018.
A notice of appeal was not filed on Wallace’s behalf until January 3, 2019,
sixty-three days after the trial court issued the sentencing order.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-9 | April 30, 2019 Page 2 of 3
Discussion and Decision
[3] On cross-appeal, the State raises an issue that we find dispositive: whether
Wallace has forfeited his right to appeal his sentence by failing to timely file his
notice of appeal. “A party initiates an appeal by filing a Notice of Appeal with
the Clerk [of the Indiana Supreme Court, Court of Appeals and Tax Court]
within thirty (30) days after the entry of a Final Judgment is noted in the
Chronological Case Summary.” Ind. Appellate Rule 9(A)(1). “Unless the
Notice of Appeal is timely filed, the right to appeal shall be forfeited except as
provided by [Post-Conviction Rule] 2[,]” which does not apply here. Ind.
Appellate Rule 9(A)(5).
[4] Here, the trial court’s sentencing order was noted in the CCS on November 1,
2018. The notice of appeal was not filed until January 3, 2019, which was more
than a month past the deadline imposed by the Indiana Appellate Rules. Thus,
Wallace forfeited his right to appeal his sentence. Upon forfeiture, the right to
appeal may be restored if extraordinarily compelling reasons are present. In re
Adoption of O.R., 16 N.E.3d 965, 971 (Ind. 2014). Wallace’s appellate counsel
did not file a reply brief to offer such reasons, and, based upon the record before
us, we find no such reasons to review the merits of the trial court’s discretionary
sentencing decision. Accordingly, we dismiss the appeal.
[5] Dismissed.
Bradford, J., and Tavitas, J., concur.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-9 | April 30, 2019 Page 3 of 3