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Court dismisses appeal because order isn't final

May 25, 2012

The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.

E. Paul Haste was convicted of the drug charge, and at an Aug. 17, 2011, sentencing hearing, the trial court sentenced Haste to a 10-year executed sentence and said it would take the issue of restitution under advisement. Haste’s drug manufacturing activity caused $90,000 worth of damage to his landlord’s home.

Several days later, before the trial court entered an order on the restitution, Haste appealed. The Aug. 17 sentencing order isn’t an appealable final judgment, so the appellate court dismissed the appeal. It appears a final judgment was entered in October 2011, but it wasn’t made part of the record on appeal, and the judges were unsure whether Haste appealed that order. His conduct might qualify him to file a petition for permission to file a belated notice of appeal under Post-Conviction Rule 2, the court concluded in E. Paul Haste v. State of Indiana, No. 03A01-1108-CR-369.


 

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