Danny R. Slawnikowski v. State of Indiana (mem. dec.)

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), Feb 16 2016, 8:41 am 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.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Clay M. Patton Gregory F. Zoeller Osan & Patton, LLP Attorney General of Indiana Valparaiso, Indiana Karl M. Scharnberg Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

Danny R. Slawnikowski, February 16, 2016 Appellant-Defendant, Court of Appeals Case No. 64A05-1509-CR-1417 v. Appeal from the Porter Superior Court State of Indiana, The Honorable David L. Appellee-Plaintiff. Chidester, Judge Trial Court Cause No. 64D04-1409-F6-8567

Najam, Judge.

Court of Appeals of Indiana | Memorandum Decision 64A05-1509-CR-1417| February 16, 2016 Page 1 of 3  Statement of the Case ^[1] Danny R. Slawnikowski appeals his sentence following his conviction for

domestic battery, as a Class A misdemeanor. Slawnikowski raises a single issue

for our review, namely, whether his sentence of one year was inappropriate in

light of the nature of the offense and character of the offender. But we need

only address the following dispositive issue: whether this appeal is moot. We

dismiss.

Facts and Procedural History ^[2] On the morning of September 27, 2014, Slawnikowski woke up his wife,

Elizabeth, after realizing he would be late to work and she would be late in

picking up her son. Soon after Elizabeth arose from bed, Slawnikowski and

Elizabeth got into a verbal and physical altercation with one another.

Immediately after the altercation, Slawnikowski left the residence and Elizabeth

called the police to report the incident. Shortly thereafter, officers of the

Chesterton Police Department arrived and arrested Slawnikowski.

^[3] The State charged Slawnikowski with strangulation, as a Level 6 Felony, and

domestic battery, as a Class A misdemeanor. The jury found Slawnikowski not

guilty of strangulation but guilty of domestic battery. Following a sentencing

hearing, the trial court sentenced Slawnikowski to 365 days in the Porter

County Jail. Sent. Tr. at 9. Slawnikowski completed his sentence in late July

of 2015.

Court of Appeals of Indiana | Memorandum Decision 64A05-1509-CR-1417| February 16, 2016 Page 2 of 3  Discussion and Decision ^[4] On appeal, Slawnikowski argues that his one year sentence is inappropriate in

light of the nature of the offense and his character. But we need only address

whether this appeal is moot since he has already completed his sentence.

^[5] The long-standing rule in Indiana is that a “case is deemed moot and will be

dismissed when no effective relief can be rendered to the parties before the

court.” In re Lawrence, 579 N.E.2d 32, 37 (Ind. 1991). Once a defendant’s

“sentence has been served, the issue of the validity of the sentence is rendered

moot.” Lee v. State, 816 N.E.2d 35, 40 n.2 (Ind. 2004). Indiana’s courts have

long recognized that a case that is otherwise moot may nevertheless be decided

on its merits when the case involves a question of “great public interest.” In re

Lawrence, 579 N.E.2d at 37. And we have defined cases of “great public

interest” as those that “raise important policy concerns and present issues that

are likely to recur.” Mosley v. State, 908 N.E.2d 599, 603 (Ind. 2009).

^[6] Here, Slawnikowski has already served his 365-day sentence for his domestic

battery conviction. Thus, this court cannot provide Slawnikowski with any

effective relief on appeal. Lee, 816 N.E.2d at 40 n.2. And this case does not fall

under the “great public interest” exception to the mootness doctrine. In re

Lawrence, 579 N.E.2d at 37. Accordingly, we are obliged to dismiss this appeal

as moot.

^[7] Dismissed.

Riley, J., and May, J., concur. Court of Appeals of Indiana | Memorandum Decision 64A05-1509-CR-1417| February 16, 2016 Page 3 of 3