Court of Appeals of Indiana | Memorandum Decision 18A-CR-817 | August 14, 2019 Page 1 of 14

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

John T. Wilson

Anderson, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Caryn Nieman-Szyper

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Elijah Abraham Krider,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

August 14, 2019

Court of Appeals Case No.

18A-CR-817

Appeal from the Madison Circuit 

Court

The Honorable Thomas Newman 

Jr., Judge

Trial Court Cause No.

48C03-1010-FD-503

48C03-1208-FD-1470

48C03-1208-FD-1509

48C03-1402-FB-354

48C03-1507-F6-1175

48C03-1604-F6-786

Tavitas, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-817 | August 14, 2019 Page 2 of 14

Case Summary

[1] Elijah Abraham Krider appeals the denial of his motion to correct sentence. 

We affirm in part, reverse in part, and remand. 

Issue

[2] Krider raises two issues, which we consolidate and restate as whether the trial 

court erred in denying Krider’s motion to correct sentence. 

Facts

[3] Krider’s criminal history is replete with criminal charges, guilty pleas, and 

probation violations. Accordingly, Krider has a very dense and complicated 

criminal history, which resulted in several sentences and probation revocations. 

These multiple offenses created some procedural confusion and irregularities in 

Krider’s cases. While we have identified several irregularities in the record, we 

focus only on the issues Krider raises as stated above. 

[4] On January 23, 2013, Krider was sentenced, pursuant to a guilty plea, to the 

following: 

a. In Cause No. 48C03-1208-FD-1509 (“Cause 1509”): Count I, 

operating a vehicle with alcohol concentration equivalent to at least .08 

but less than .15, a Class C misdemeanor; and Count II, operating a 

vehicle while intoxicated with a prior conviction, a Class D felony. 

Krider was sentenced to three years executed. 
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b. In Cause No. 48D03-1010-FD-503 (“Cause 503”): receiving stolen 

property, a Class D felony. Krider was sentenced to three years, with six 

months executed at the Indiana Department of Correction (the “DOC”) 

and thirty months suspended to probation. 

c. In Cause No. 48C03-1208-FD-1470 (“Cause 1470”): failure to return 

to lawful detention, a Class D felony. Krider was sentenced to three 

years, with six months executed at the DOC and thirty months 

suspended to probation. 

All sentences were to be served consecutively, resulting in a sentence of nine 

years, with four years executed. 

[5] On December 1, 2013, Krider was charged with Count I, burglary, a Class B 

felony, and Count II, theft, a Class D felony, in Madison County, Indiana, 

under Cause No. 48C03-1402-FB-354 (“Cause 354”).

1 On January 29, 2014, 

Krider was charged with operating a vehicle while intoxicated, a felony,2 in 

Calhoun County, Michigan. On February 3, 2014, the probation department 

filed a notice of violation of probation under Causes 503 and 1470 against 

Krider based on the two pending charges Krider obtained while on probation. 

 

1 The CCS indicates that initially, at a sentencing hearing, Krider orally requested placement in problem 

solving court programs, and the trial court granted the request. The CCS further indicated that, “[s]hould 

Defendant not be accepted into or fails to successfully complete Problem Solving Court, Defendant shall be 

returned to Sentencing Court for further proceedings.” Appellant’s App. Vol. II p. 36. 

2 The felony level was not specified in the petition. 
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A corrected notice of violation of probation was filed on February 12, 2014, to 

add additional violations. 

[6] In 2015, Krider participated in drug court and problem solving court for his 

various offenses. On February 2, 2016, a notice of termination request for 

problem solving court was filed against Krider based on several violations. The 

petition requested termination of Krider’s participation in problem solving court 

for Causes 503, 1470, and 354. 

[7] On March 14, 2016, Krider entered a plea agreement in Cause No. 48C03-

1507-F6-1175 (“Cause 1175”) and pleaded guilty to failure to return to lawful 

detention, a Level 6 felony. Krider was sentenced to one year of home 

detention. 

[8] Also on March 14, 2016, after an evidentiary hearing on the termination from 

problem solving court where Krider admitted that he failed to comply with the 

problem solving court’s participation agreement during probation, the trial 

court entered an order finding that Krider’s participation in problem solving 

court was terminated. Accordingly, the trial court revoked his probation and 

imposed the following: 

a. In Cause 503: a three-year suspended sentence on home detention. 

This three-year home detention was to run concurrently with Causes 354

and 1470, and consecutively to Cause 1175. 
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b. In Cause 1470: a three-year suspended sentence on home detention. 

This three-year home detention was to run concurrently with Causes 354 

and 503, and consecutively to Cause 1175. 

In Cause 354, the trial court imposed a three-year suspended sentence on home 

detention. This three-year home detention sentence was to run concurrently with 

the probation revocations in Causes 1470 and 503, and consecutively to Cause 

1175.3

 

[9] Krider’s March 14, 2016 sentencing orders resulted in a total of four years in 

home detention. The trial court was clear this was the intended result, stating: 

THE COURT: To [Cause 1175], one (1) year of in home 

detention. As to sanctions in [Causes 354, 1470, and 503], three 

(3) additional years of in home detention. So does that mean 

four (4) years of in home detention?

Tr. Amend. Vol. I pp. 38-39. Then later, the court reporter clarified: 

COURT REPORTER: So the probation violations are 

concurrent and consecutive to the new charge for a total of four 

(4) years correct?

THE COURT: Yeah. 

 

3 Unlike Causes 503 and 1470, in which the trial court titled its orders, “Order on Termination of Problem 

Solving Court,” the trial court’s order on Cause 354 was titled, “Sentencing Order,” presumably due to 

Krider’s initial placement in problem solving court. Appellant’s App. Vol. II pp. 83, 86, 89.
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Id. at 39. The trial court’s written order and the CCS entries support that the 

trial court intended Causes 354, 1470, and 503 to run concurrently. Thus, 

although Causes 503 and 1470 were previously ordered to be served 

consecutively, the trial court subsequently ordered the sentences to be served 

concurrently. The State did not appeal or file a motion to correct error. 

[10] On March 31, 2016, in Causes 503, 1470, 354, and 1175, the probation 

department filed a violation of executed sentence against Krider, alleging that 

Krider removed his electronic monitoring device and left his residence on 

March 29, 2016. Krider admitted the violation. After a hearing, the trial court 

entered an order on August 29, 2016, as to Cause 503 only, revoking Krider’s 

home detention, and ordering Krider’s sentence to be served at the DOC. 

[11] On December 28, 2016, in Cause No. 48C03-1604-F6-786 (“Cause 786”), 

Krider pleaded guilty and was sentenced to Count I, escape, a Level 6 felony, 

and Count II, criminal mischief, a Class B misdemeanor. Krider was sentenced 

on Count I to the DOC for two years, and on Count II to 180 days in the 

Madison County jail to be served concurrently. The sentences were suspended 

and Krider was placed on work release for two years. On October 19, 2017,4

 

4 The petition is dated August 19, 2017; however, we assume this is a scrivener’s error due to the allegations 

in the petition. 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-817 | August 14, 2019 Page 7 of 14

the residential security supervisor of the work release center petitioned to 

terminate Krider’s work release privilege in Cause 1175.5

 

[12] At a hearing on the petition to terminate work release, the parties argued about 

whether several of Krider’s sentences were to be served consecutively or 

concurrently. The confusion seemingly stemmed from the trial court’s March 

2016 order in which the sentences in Causes 503 and 1470 were originally 

ordered to be served consecutively in January 2013 and were subsequently 

ordered to be served concurrently in March 2016. The trial court attempted to 

explain the confusion, in the following exchange with the State: 

[THE STATE]: But I think what had happened is it wasn’t a 

modification, it was a misstatement of saying concurrent not 

knowing that they were originally sentenced as consecutive.

THE COURT: Okay. It’s possible I mis-spoke or made a 

mistake. 

Id. at 63. 

 

5 The CCS entries for Causes 503, 1470, 354, and 786 are silent as to a petition to terminate work release. 

The CCS for Cause 503 is silent from August 29, 2016, when the trial court sent an abstract of judgment to 

the DOC, until October 17, 2017 when a hearing was scheduled. In other words, on Cause 503, there does 

not appear to have been a petition to terminate Krider’s work release privilege in Cause 503. Similarly, the 

CCS for Cause 1490 is silent from August 8, 2016 until October 2, 2017, when a hearing on a probation 

violation was filed. The same is true for Cause 354 where the CCS is silent from August 2016 to October 

2017. Finally, in Cause 786, the CCS is silent from December 2016 until October 2017 when the hearing was 

scheduled. Based on this information, Krider argues in his brief that he did not receive proper notice 

regarding his alleged probation violations. Krider did not raise this issue to the trial court; therefore, this 

issue is waived. 
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[13] The trial court ordered the following on October 30, 2017: 

a. Cause 503: found Krider violated probation, sentenced Krider to time 

served, and closed the case. 

b. Cause 1470: terminated Krider’s work release, revoked Krider’s 

probation,6 and ordered Krider to serve two years and three months at 

the DOC to run concurrently with Cause 354, and consecutively to 

Causes 786, 1175, and 1509.7

 

c. Cause 354: terminated Krider’s work release, revoked Krider’s 

probation, and ordered Krider to serve three years at the DOC 

concurrently with Cause 1470, and consecutively to Causes 786, 1175, 

and 1509. 

d. Cause 786: terminated Krider’s work release, revoked Krider’s 

sentence, and ordered Krider to serve two years in the DOC 

consecutively to Causes 1175, 354, 1470, and 1509. 

 

6 In Causes 1470, 354, and 786, the trial court’s order indicates that it was revoking Krider’s sentence; 

however, we assume the trial court meant probation. 

7 As we will discuss further below, the trial court’s inclusion of Cause 1509 appears to be error because 

Krider completed his sentence on Cause 1509 in 2015. 
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e. Cause 1175: the trial court sentenced Krider to one year executed at 

the DOC to run consecutively to Causes 354, 786, 1470, and 1509. 8

 

The trial court also entered another abstract of judgment for the already-served 

sentence in Cause 1509.9

 Krider filed a “Motion to Correct Sentence” on 

November 13, 2017. Id. at 124. The trial court denied Krider’s motion on 

March 16, 2018. Krider now appeals. 

Analysis

[14] Krider appeals from the denial of his motion to correct sentence. We are 

unclear whether Krider intended to file this petition under Indiana Code 

Section 35-38-1-15 or Indiana Trial Rule 59. An inmate who believes he or she 

has been erroneously sentenced may file a motion to correct sentence under 

Indiana Code Section 35-38-1-15. Neff v. State, 888 N.E.2d 1249, 1250-51 (Ind. 

2008). We review rulings on motions to correct erroneous sentence for an 

abuse of discretion, which occurs when a decision is against the logic and effect 

of the facts and circumstances before the trial court. Davis v. State, 978 N.E.2d 

470, 472 (Ind. Ct. App. 2012). We also review rulings on motions to correct 

error under Indiana Trial Rule 59 for an abuse of discretion. Weida v. Kegarise, 

849 N.E.2d 1147, 1154 (Ind. 2006). 

 

8 We assume the trial court also entered an order as to Cause 1175; however, that was not provided in 

Appellant’s Appendix. 

9 As we discuss below, the State agrees that the abstract of judgment in Cause 1509 was incorrectly re-entered 

in October 2017. 
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[15] At the outset, we note that so many errors in this case appeared to be driven by 

the trial court’s treatment of Krider’s sentences as one aggregate sentence, 

instead of treating each cause number and corresponding sentence as its own 

separate cause. This approach caused significant issues in Krider’s case and a 

lack of clarity for the parties and this Court. 

A. Cause 1509

[16] As the State indicates in its brief, it appears Krider completed his sentence in 

Cause 1509; however, the trial court entered an abstract of judgment on 

October 30, 2017, which indicated that Krider still needed to complete his 

three-year executed sentence in Cause 1509. The State concedes that we should 

remand the matter to the trial court “to rescind its October 30, 2017 abstract of 

judgment issued in FD-1509 so that the DOC can correct the matter in its 

offender information system and recalculate Krider’s projected release date.” 

Appellee’s Br. p. 24. We reverse and remand for the trial court to rescind its 

abstract of judgment in Cause 1509 and take appropriate action to close Cause 

1509, based on the State’s concession that Krider has already completed his 

sentence in this cause. 

B. Consecutive Sentences

[17] Krider argues that his sentences on the other causes were also incorrect. 

Specifically, Krider contends “that since he was sentenced to 3 years concurrent 

on cases 503, 354 and 1470 on March 14, 2016, and the Court had previously 

revoked the sentence on 503 on August 28, 2016, that the cases ending 354 and 
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1470 should have also been closed out with time served.” Appellant’s Br. p. 19. 

Therefore, Krider believes he should “only be facing sanctions on [the] case[s] 

ending [in] 1175 and 786 with an aggregate sentence of 3 years, less credit 

time,” because, to do otherwise would be the trial court changing Krider’s 

sentences from concurrent—which the trial court ordered in 2016—back to 

consecutive. Id. 

[18] The State acknowledges that the confusion “in Krider’s sentence calculation 

arose at the March 14, 2016 revocation hearing when the trial court improperly 

altered Krider’s original sentences from consecutive to concurrent.” Appellee’s 

Br. p. 22. The State’s argument, in our view, is essentially that this mistake by 

the trial court in 2016 is immaterial because the trial court was without the 

authority to make the error it committed. See id. (“The trial court, though, was 

without the legal authority to alter the terms of Krider’s original sentences in 

[Causes 503 and 1470] to change his consecutive sentences to concurrent 

sentences after he was revoked from probation.”). 

[19] Pursuant to Indiana Code Section 35-38-2-3(h), 

If the court finds that the person has violated a condition at any 

time before the termination of the period, and the petition to 

revoke is filed within the probationary period, the court may 

impose one (1) or more of the following sanctions: 

(1) Continue the person on probation, with or without 

modifying or enlarging the conditions. 
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(2) Extend the person’s probationary period for not more 

than one (1) year beyond the original probationary 

period. 

(3) Order execution of all or part of the sentence that was 

suspended at the time of initial sentencing. 

Moreover, the trial court has authority to terminate Krider’s participation in the 

problem solving court, and the trial court’s March 2016 sentencing orders in 

Causes 503 and 1470 were titled, “Order on Termination of Problem Solving 

Court.”10 Appellant’s App. Vol. II pp. 83, 86. Pursuant to Indiana Code 

Section 33-23-16-14.5(e): 

Except as provided in sections 14 and 15 of this chapter, if the 

problem solving court judge or hearing officer finds that an 

individual participating in a problem solving court program has 

violated a condition of the program, the problem solving court 

judge or hearing officer may: 

(1) Continue the individual’s participation in the problem 

solving court program with or without modifying or 

expanding the individual’s conditions for participating 

in the problem solving court program; or 

(2) Terminate the individual’s participation in the problem 

solving court program.

 

10 As mentioned above, the trial court’s March 2016 order on Cause 354 was a “sentencing order.” 

Appellant’s App. Vol. II p. 89. 
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[20] Based on the statutory limitations above, we agree with the State that the trial 

court erred in 2016 when the trial court changed Krider’s previously ordered 

consecutive sentences in Causes 503 and 1470 to concurrent sentences. See 

Jones v. State, 885 N.E.2d 1286, 1289 (Ind. 2008) (“[t]he action taken by a trial 

court in a probation revocation proceeding is not a sentencing.”) (internal 

quotations omitted); see also Wilkerson v. State, 918 N.E.2d 458, 463 (Ind. Ct. 

App. 2009) (noting that, “Ind. Code § 35-38-2-3(g) permits judges to sentence 

offenders using any one of or any combination of the enumerated options” 

(citations omitted)). The trial court deviated from the options enumerated in 

the probation revocation statute in its March 2016 orders. Moreover, the trial 

court also likely imposed an illegal sentence in 2016 because Krider appeared to 

have committed Cause 354 while on probation in Causes 1470 and 503. See 

Hill v. State, 28 N.E.3d 248, 351 (Ind. Ct. App. 2015) (“A sentence which is 

contrary to, or violative of, the penalty mandated by the applicable statute is an 

illegal sentence”) (quotations omitted). Accordingly, the trial court’s 2016 

order, indicating that these sentences should run concurrently instead of 

consecutively, contravenes Indiana Code Section 35-50-1-2(e), which requires 

that if a person commits a new offense while on probation “the terms of 

imprisonment for the crimes shall be served consecutively, regardless of the 

order in which the crimes are tried and the sentences are imposed.” 

[21] Accordingly, we are constrained to conclude that the trial court had the 

authority to correct the 2016 sentence, which was contrary to statute and 

therefore illegal. See Hill, 28 N.E.3d at 351 (“It is the duty of appellate courts to 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-817 | August 14, 2019 Page 14 of 14

bring illegal sentences into compliance”) (quotations omitted). We note that 

the State never appealed the order or filed a motion to correct error; however, 

the law indicates that the trial court is responsible for correcting an illegal 

sentence. See Lockhart v. State, 671 N.E.2d 893 (Ind. Ct. App. 1996) (“When the 

sentence imposed by the trial court is found to be improper, it is the general if 

not unanimous rule that the trial court has the power to vacate the illegal 

sentence and impose a proper one.”). 

[22] For this reason, we conclude that the trial court had the authority to correct its 

sentence, despite the passing of time.11 

Conclusion

[23] The trial court did not abuse its discretion in denying Krider’s motion to correct 

sentence regarding the consecutive sentencing; however, we reverse and 

remand for the trial court to amend its abstract of judgment in Cause 1509 to 

reflect that Krider has served that sentence. We affirm in part, and reverse in 

part, and remand. 

[24] Affirmed in part, reversed in part, and remanded. 

Crone, J., and Bradford, J., concur.

 

11 Krider also argues that he did not receive proper notice regarding his alleged probation violations; 

however, because Krider did not raise this issue below, we deem it to be waived.