Waters v. State, No. 79A05-9806-PC-295

Docket NºNo. 79A05-9806-PC-295
Citation703 N.E.2d 688
Case DateDecember 17, 1998
CourtCourt of Appeals of Indiana

Page 688

703 N.E.2d 688
Alex E. WATERS, Appellant-Defendant,
v.
STATE of Indiana, Appellee-Plaintiff.
No. 79A05-9806-PC-295.
Court of Appeals of Indiana.
Dec. 17, 1998.

Alex E. Waters, Carlisle, Pro Se.

Jeffrey A. Modisett, Attorney General, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

NAJAM, Judge.

FACTS AND PROCEDURAL HISTORY

Following a jury trial in January of 1993, Alex E. Waters was convicted of Possession of Cocaine within One Thousand (1,000) Feet of a School, a class B felony, Dealing in Cocaine within One Thousand (1,000) Feet of a School, a class A felony, and Conspiracy to Deal Cocaine, a class A felony. He was also found to be an habitual offender and received an aggregate sentence of 70 years. This court affirmed Waters' convictions on direct appeal. Waters v. State, No. 79A02-9305-CR-209, 637 N.E.2d 1383 (Ind. Ct.App. July 19, 1994). Waters then petitioned, but was denied, post-conviction relief. We affirmed that decision on June 19, 1997. Waters v. State, No. 79A04-9603-PC-89, 681 N.E.2d 792 (Ind. Ct.App. June 19, 1997). On October 8, 1997, this court issued an order denying Waters leave to file his successive petition for post-conviction relief. Waters v. State, No. 79A02-9709-SP-648 (Ind.Ct.App. Oct. 8, 1997). Finally, on February 27, 1998, Waters filed a Motion to Correct Erroneous Sentence, the denial of which he now appeals. The dispositive issue presented for our review is whether the trial court had jurisdiction to address and rule upon Waters' motion to correct erroneous sentence.

We reverse and remand with instructions to dismiss.

DISCUSSION AND DECISION

Waters makes several claims in his motion to correct erroneous sentence and on appeal. Specifically, he argues that his sentence

Page 689

is invalid because (1) the trial court's written sentencing order allegedly differs from its oral sentencing statement; (2) the court "did not have jurisdiction to resentence [him]," upon the request of [the] State, as the original sentence was legal and no need of correction existed; and (3) his sentence is manifestly unreasonable. The State counters that the trial court lacked jurisdiction over Waters' motion pursuant to our supreme court's opinion in State ex rel. Gordon v. Vanderburgh Circuit Court, 616 N.E.2d 8 (Ind.1993). In Gordon, the court stated:

The Indiana Rules of Procedure for Post-Conviction Remedies "comprehends and takes the place of all other common law,...

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4 practice notes
  • Robinson v. State, No. 45S03-0307-PC-314.
    • United States
    • Indiana Supreme Court of Indiana
    • March 10, 2004
    ...those cases that have held to the contrary, primarily in the interest of finality. See, e.g., White, 793 N.E.2d at 1132; Waters v. State, 703 N.E.2d 688, 689 In the present case, the defendant challenged his sentencing by a motion to correct sentence claiming that the trial court failed to ......
  • White v. State, No. 10A01-0209-PC-348.
    • United States
    • Indiana Court of Appeals of Indiana
    • August 20, 2003
    ...leave from either the supreme court or this court before filing a successive petition in the post-conviction court. Waters v. State, 703 N.E.2d 688, 689 (Ind.Ct. App.1998), trans. denied. If a convicted person files a successive petition in the post-conviction court without obtaining such l......
  • Taylor v. State, No. 48A04-1405-CR-220
    • United States
    • Indiana Court of Appeals of Indiana
    • October 22, 2014
    ...of finality in requiring defendants to obtain permission to file a successive post-conviction relief. See, e.g., Waters v. State, 703 N.E.2d 688, 689 (Ind. Ct. App. 1998), trans. denied. The Robinson holding would seem to undermine relying upon res judicata as a basis for denying a motion t......
  • Taylor v. State, 48A04-1405-CR-220
    • United States
    • Indiana Court of Appeals of Indiana
    • October 22, 2014
    ...of finality in requiring defendants to obtain permission to file a successive post-conviction relief. See, e.g., Waters v. State, 703 N.E.2d 688, 689 (Ind.Ct.App. 1998), trans. denied. The Robinson holding would seem to undermine relying upon res judicata as a basis for denying a motion to ......
4 cases
  • Robinson v. State, No. 45S03-0307-PC-314.
    • United States
    • Indiana Supreme Court of Indiana
    • March 10, 2004
    ...those cases that have held to the contrary, primarily in the interest of finality. See, e.g., White, 793 N.E.2d at 1132; Waters v. State, 703 N.E.2d 688, 689 In the present case, the defendant challenged his sentencing by a motion to correct sentence claiming that the trial court failed to ......
  • White v. State, No. 10A01-0209-PC-348.
    • United States
    • Indiana Court of Appeals of Indiana
    • August 20, 2003
    ...leave from either the supreme court or this court before filing a successive petition in the post-conviction court. Waters v. State, 703 N.E.2d 688, 689 (Ind.Ct. App.1998), trans. denied. If a convicted person files a successive petition in the post-conviction court without obtaining such l......
  • Taylor v. State, No. 48A04-1405-CR-220
    • United States
    • Indiana Court of Appeals of Indiana
    • October 22, 2014
    ...of finality in requiring defendants to obtain permission to file a successive post-conviction relief. See, e.g., Waters v. State, 703 N.E.2d 688, 689 (Ind. Ct. App. 1998), trans. denied. The Robinson holding would seem to undermine relying upon res judicata as a basis for denying a motion t......
  • Taylor v. State, 48A04-1405-CR-220
    • United States
    • Indiana Court of Appeals of Indiana
    • October 22, 2014
    ...of finality in requiring defendants to obtain permission to file a successive post-conviction relief. See, e.g., Waters v. State, 703 N.E.2d 688, 689 (Ind.Ct.App. 1998), trans. denied. The Robinson holding would seem to undermine relying upon res judicata as a basis for denying a motion to ......

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