Appellant-Defendant William Minnick appeals from the sentence imposed following his convictions for Murder, a felony, Class A felony Robbery, and Class A felony Rape. [Footnotes omitted.] Minnick contends that the trial court erred in imposing sentences for his robbery and rape convictions, that his convictions for Class A felony robbery and murder violate prohibitions against double jeopardy, and that the trial court abused its discretion in refusing to order an additional competency evaluation before sentencing him. We affirm in part and reverse and remand in part with instructions.
Under the admittedly unusual circumstances of this case, we cannot conclude that even the twenty-five-year delay in sentencing violated Minnick’s right to speedy sentencing. While the delay was quite lengthy, there is no indication in the record that it was the result of any objectionable actions by the State or trial court, and Minnick never asserted his right to be sentenced at the time or at any time before his death sentence was vacated and resentencing ordered in 2004.
Most importantly, however, there is no indication that Minnick was unfairly prejudiced by the delay. Minnick argues that what occurred here is equivalent to arbitrarily ordering a released defendant back to court for an additional sentence. We do not agree. As previously mentioned, Minnick has been incarcerated since 1981, and therefore had no ―Damocles sword‖ hanging over his head. [Footnote omitted.] Minnick also notes that, if his sentences for rape and robbery had been imposed in 1985 and ordered to run concurrently with his death sentence, they would have been discharged by now. While this may be true, there is absolutely no indication whatsoever in the record that the sentences would have been imposed in this fashion, and Minnick cites no authority that such a sentence would have been required. Minnick has failed to establish that his right to speedy sentencing has been violated. [Footnote omitted.]
The judgment of the trial court is affirmed in part and reversed and remanded in part with instructions.
VAIDIK, J., and CRONE, J., concur.