Scott v. State

I concur in that portion of the majority decision which affirms the battery conviction.

I dissent, however, from the decision insofar as it affirms the trial court's order that the six-year sentence be served "consecutive to any violation of probation imposed ...". Record at 298.6

In this regard, the case before us is not unlike Arnold v. State (1989) 2d Dist.Ind.App., 539 N.E.2d 969, trans. denied. With respect to a guilty plea conviction, we stated there: "[Wlhen the court ... entered judgments of conviction, the court could not be aware of or be required to anticipate the ultimate…