Christopher J. West v. State of Indiana (mem. dec.)
Summary of the case Christopher J. West v. State of Indiana (mem. dec.)
Christopher J. West appealed the trial court's denial of his motion to modify his sentence. West was originally sentenced to 33 years for drug-related offenses, which was reduced to 18 years on appeal. He filed multiple unsuccessful motions for sentence modification. His latest motion was denied without a hearing, and the court affirmed this decision, citing statutory limitations on sentence modification requests.
Key Issues of the case Christopher J. West v. State of Indiana (mem. dec.)
- Denial of motion to modify sentence
- Jurisdiction of trial court after 90 days
Key Facts of the case Christopher J. West v. State of Indiana (mem. dec.)
- West was convicted of drug-related offenses and sentenced to 33 years, later reduced to 18 years.
- West filed multiple motions for sentence modification, all denied.
Decision of the case Christopher J. West v. State of Indiana (mem. dec.)
Affirmed
Opinions
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), Feb 16 2016, 6:51 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 Bryan L. Cook Gregory F. Zoeller Indianapolis, Indiana Attorney General of Indiana
Christina D. Pace Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Christopher J. West, February 16, 2016 Appellant-Defendant, Court of Appeals Case No. 21A01-1510-CR-1673 v. Appeal from the Fayette Circuit Court State of Indiana, The Honorable Beth Butsch, Judge Appellee-Plaintiff. Trial Court Cause No. 21C01-0904-FA-45
Altice, Judge.
Case Summary
[1] Christopher J. West appeals from the trial court’s denial of his motion to
modify sentence.
Court of Appeals of Indiana | Memorandum Decision 21A01-1510-CR-1673 | February 16, 2016 Page 1 of 4 [2] We affirm.
Facts & Procedural History
[3] Following a jury trial, on February 18, 2010, West was convicted of two counts
of Class B felony dealing in a narcotic drug and one count of Class D felony
possession of cocaine. The trial court sentenced him to an aggregate executed
term of thirty-three years in prison. On direct appeal, this court revised West’s
sentence to an aggregate executed term of eighteen years in prison. West v.
State, No. 21A04-1004-CR-303 (Ind. Ct. App. Jan. 26, 2011).
[4] Thereafter, West filed unsuccessful motions to modify in 2012, 2013, and 2014.
On March 27, 2015, he filed a motion for progress report, which was granted by
the trial court. The Department of Correction provided the report to the trial
court and the parties in May 2015. At that time, West’s anticipated date of
release was April 1, 2018. West filed the instant motion to modify his sentence
on June 19, 2015, which the trial court summarily denied without a hearing on
September 22, 2015.
Discussion & Decision
[5] West argues that the trial court abused its discretion by “refusing to further
consider [his] sentence when his [DOC] Progress Report demonstrates
overwhelming, objective evidence of reformation, and his remaining prison
sentence is nearing completion.” Appellant’s Brief at 1. Additionally, West
Court of Appeals of Indiana | Memorandum Decision 21A01-1510-CR-1673 | February 16, 2016 Page 2 of 4 asserts that the trial court “arguably acted without authority” in denying his
motion more than ninety days after it was filed. Id. at 5.
[6] We begin by addressing West’s belated challenge to the trial court’s authority to
rule on the motion. Citing Ind. Trial Rules 53.1 and 53.2, West argues that the
trial court lost jurisdiction to rule on the motion ninety days after it was filed
and that we should remand with instructions for further consideration by a
special judge.
[7] These rules are “intended to expedite proceedings by withdrawing cases from
trial judges who have delayed their ruling beyond the specified period of time.”
Williams v. State, 716 N.E.2d 987, 900 (Ind. 1999). If a party chooses not to file
a lazy judge motion and, if denied, seek a writ of mandate from our Supreme
Court to compel disqualification of the judge, the party is estopped from
complaining on appeal that the original trial judge maintained jurisdiction over
the case. Id. Because West did not follow the procedural mandates and waited
until an unfavorable judgment was entered against him, he may not now be
heard to complain. See id.
[8] With respect to petitions for sentence modification, Ind. Code § 35-38-1-17
provides explicit limitations. For a convicted person who, like West, is not a
violent criminal, I.C. § 35-38-1-17(j) provides that such petitions may be filed
without the consent of the prosecuting attorney:
(1) not more than one (1) time in any three hundred sixty-five (365) day period; and
Court of Appeals of Indiana | Memorandum Decision 21A01-1510-CR-1673 | February 16, 2016 Page 3 of 4 (2) a maximum of two (2) times during any consecutive period of incarceration.
West acknowledges that this is the fourth time he has sought modification of his
sentence in this case. Further, the record does not indicate that the prosecuting
attorney consented to this recent filing. Under these circumstances, the trial
court did not err in summarily denying West’s motion to modify sentence. See
I.C. § 35-38-1-17(j)(2).
Judgment affirmed.
Robb, J., and Barnes, J., concur.
Court of Appeals of Indiana | Memorandum Decision 21A01-1510-CR-1673 | February 16, 2016 Page 4 of 4