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160 Ind. App. 675

Ryan v. State

Indiana Court of Appeals

Decided July 9, 1974

Indiana Court of Appeals · decided 1974-07-09

Relies on 153 Ind. App. 102 - Jacobs v. State · Ballard v. BOARD OF TRUSTEES OF POLICE PEN. FUND, ETC

Decided 1974-07-09

Pee Cueiam.

¶1— Defendant-appellant Ryan raises but one issue on appeal. It concerns the legality of his sentence.

¶2Ryan plead guilty to assault and battery. His sentence was for 180 days to be served from 8:00 A.M. each Sunday to 8:00 A.M. the following Tuesday until the time was completed. Ryan complained of the sentence in his motion to correct errors; accordingly, the trial judge modified the sentence making Ryan serve the period at one time.

¶3There is no error for two reasons. First, the relief sought in the motion to correct errors was granted making the question moot. Second, the trial court may amend an erroneous sentence. Jacobs v. State (1972), 153 Ind. App. 102, 286 N.E.2d 224

¶4Judgment affirmed.

¶5Note. — Reported at 313 N.E.2d 351.

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