Nathan Hummel appealed his sentence in Starke Circuit Court claiming that the felony counts should not have been consecutive sentences.
Hummel was involved in an armed robbery incident at the Knox CVS pharmacy on Dec. 20, 2011.
Hummel pleaded guilty in a plea agreement with the State in 2012 where he was sentenced to 15 years in the Indiana Department of Corrections on an amended count of dealing in a narcotic drug as a Class B Felony, which would run consecutively to felony charges of robbery, robbery (aiding, inducing, or causing), and disarming an officer for which he was sentenced to 10 years in the DOC.
Hummel appealed the trial court’s order denying his motion to correct an erroneous sentence. He challenged the trial court’s imposition of a consecutive sentence, arguing that the plea agreement did not specify a consecutive sentence.
The Appeals Court decision includes an explanation that a motion to correct erroneous sentence is “limited to correcting sentencing errors apparent on the face of the judgment and Hummel raises an issue outside of this context”. Therefore, the Appeals Court found that the trial court did not abuse its discretion by denying his motion.
