Ellis v. State, 032217 INCA, 02A05-1611-CR-2609

Docket Nº:02A05-1611-CR-2609
Opinion Judge:Bradford, Judge.
Party Name:William H. Ellis, Sr., Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:APPELLANT PRO SE William H. Ellis, Sr. Michigan City, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Jesse R. Drum Deputy Attorney General Indianapolis, Indiana
Judge Panel:Najam, J., and Riley, J., concur.
Case Date:March 22, 2017
Court:Court of Appeals of Indiana

William H. Ellis, Sr., Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 02A05-1611-CR-2609

Court of Appeals of Indiana

March 22, 2017

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Allen Superior Court The Honorable John F. Surbeck, Jr., Judge Trial Court Cause No. 02D04-9505-CF-250

APPELLANT PRO SE William H. Ellis, Sr. Michigan City, Indiana

ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Jesse R. Drum Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Bradford, Judge.

Case Summary

[¶1] Appellant-Defendant William H. Ellis, Sr. was convicted of murder, a felony, in 1996. He was subsequently sentenced to a sixty-year term of imprisonment in the Department of Correction ("DOC"). In October of 2016, Ellis filed a motion to correct an erroneous sentence, alleging that the trial court's 1996 judgment of conviction was facially deficient because it did not specify the amount of "good time" credit to which Ellis was entitled for the time he spent incarcerated prior to sentencing. The trial court denied Ellis's motion in an order dated October 21, 2016.

[¶2] Ellis appeals from the denial of his motion to correct an erroneous sentence. Because we conclude that any error in the trial court's 1996 judgment of conviction is deemed to have been corrected by the presumption set forth by the Indiana Supreme Court in Robinson v. State, 805 N.E.2d 783 (Ind. 2004), we affirm.

Facts and Procedural History

[¶3] Ellis was charged with murder, a felony, on May 15, 1995. He was subsequently found guilty and sentenced to a term of sixty years of imprisonment. On June 27, 1996, the trial court entered a judgement of conviction in which the trial court indicated that Ellis was "granted credit for 416 days served in jail." Appellant's App. Vol. II, p. 35. The judgment of conviction did not specify the amount of good time credit to which Ellis was entitled for...

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