Devaney v. State

BAKER, Judge.

Defendant-appellant Charles Devaney appeals a sentence imposed by Special Judge Steven Knecht pursuant to Devaney's convictions of operating a vehicle while intoxicated with a prior conviction,2 operating while an habitual traffic violator,3 and being an habitual substance offender.4

The sole issue presented for our review is whether an enhanced sentence imposed under 1.0. 35-50-2-10, the habitual substance offender statute, may be suspended. We rule that it may not. As we have discovered a sentencing error not raised by either party, we sua sponte remand this case to the trial…