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Jason B. Brown v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 38A05-0603-CR-147
Case Date: 12/28/2006
Preview: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. APPELLANT PRO SE: JASON B. BROWN ATTORNEYS FOR APPELLEE: STEPHEN R. CARTER

Greencastle, Indiana

Attorney General of Indiana Indianapolis, Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JASON B. BROWN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 38A05-0603-CR-147

APPEAL FROM THE JAY SUPERIOR COURT The Honorable Joel D. Roberts, Judge Cause No. 38D01-0312-FC-00003

DECEMBER 28, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION ROBERTSON, Senior Judge

STATEMENT OF THE CASE

Defendant-Appellant Jason B. Brown ("Brown") appeals from the denial of his motion to correct erroneous sentence. We affirm. ISSUES Brown raises several issues for our review. However, we combine and restate them as whether the trial court had the authority to order Brown to serve his sentence consecutive to another sentence. FACTS In February, 2005, after a jury trial and conviction, Brown was sentenced to serve five years executed on the Class C felony offense of operating a vehicle with a lifetime suspension, and six months each on two counts of the Class A misdemeanor offense of resisting law enforcement. The two misdemeanor counts were to be served consecutive to each other, and were to be served concurrent with the felony sentence. The trial court also ordered that the sentence be served consecutive to a ten year executed sentence Brown previously had received under another unrelated cause number. Brown took a direct appeal of his conviction. This court's opinion affirming the convictions is found at Brown v. State, 830 N.E.2d 956 (Ind. Ct. App. 2005). Brown then filed a motion to correct erroneous sentence that was denied. This appeal is from that decision. DISCUSSION AND DECISION Brown filed his motion to correct erroneous sentence pursuant to Ind. Code
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