CRONE, J.
Nathan Hawkins was originally sentenced to sixteen years for two counts of child molesting. After a successful appeal, Hawkins’s sentence was reduced to ten years. Thereafter, Hawkins sought a sentence modification, which the prosecutor opposed and the trial court denied. The parties dispute whether the 365-day period during which the trial court has sole discretion to grant a modification began when Hawkins was originally sentenced or when he was resentenced. We conclude that the resentencing did not restart the 365-day period. Because Hawkins’s motion was filed outside the 365-day period and the prosecutor did not consent to a modification, the trial court properly denied the modification.
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We conclude that Hawkins’s resentencing did not restart the clock. In Redmond v. State, we held that the 365-day period began at the time of sentencing for all consecutive sentences imposed at the same time; there was not a new 365-day period each time the defendant began serving each individual sentence. 900 N.E.2d 40, 42-43 (Ind. Ct. App. 2009), trans. denied. In Redmond, we relied on the fact that the version of the statute in effect at the time stated that the 365-day period starts when a convicted person begins serving the sentence imposed on the person. See id. (noting the 2005 amendment to Ind. Code § 35- 38-1-17). In 2010, that language was removed from the statute; it now states that the 365-day period begins when “a convicted person begins serving the person’s sentence.” Ind. Code § 35-38-1-17(a)(1) (as amended by Pub. L. No. 1-2010, § 141) (emphasis added). Hawkins has been serving his sentence since it was originally imposed; the fact that a revised sentence was later imposed has no bearing on the time calculation.
Not allowing the clock to restart after resentencing also “furthers the State’s legitimate interest in the finality of judgments and an ordered procedure for the modification of sentences.” Redmond, 900 N.E.2d at 43. Otherwise, the 365-day window could be held open for a potentially lengthy period while the defendant pursues a direct appeal; however, we have characterized Indiana Code Section 35-38-1-17 as a “limited exception” to the rule that trial courts generally do not retain jurisdiction after they pronounce sentences. Sanders v. State, 638 N.E.2d 840, 841 (Ind. Ct. App. 1994). The stay procedure provided by Appellate Rule 37 better promotes judicial economy.
Because Hawkins’s motion was filed more than 365 days after he began serving his sentence and the prosecutor opposed his motion, the trial court had no authority to grant the motion. Therefore, the judgment of the trial court is affirmed.
Affirmed.
NAJAM, J., concurs.
ROBB, C.J., dissents with separate opinion:
I respectfully dissent from my colleagues’ conclusion that Hawkins’s petition for sentence modification was untimely. The legislature has not spoken clearly on this issue, namely, whether the 365-day period within which the trial court has sole discretion to grant a modification restarts after a defendant is resentenced. The statute needs legislative clarification on this point. While the majority conceives one approach, I write to explain my view that under the statute as currently written, the 365-day clock did, in fact, restart when Hawkins was resentenced pursuant to our Appellate Rule 7(B) revision. I also dissent because the majority’s approach to the respective timing of sentence modifications by trial courts on the one hand, and appellate review of sentences on the other, raises substantial problems of unworkability. Statutes must be read in harmony and produce a workable solution.
The statutory issue turns on whether the phrase “[w]ithin three hundred sixty-five (365) days after . . . a convicted person begins serving the person’s sentence,” Ind. Code § 35-38-1-17(a)(1), refers only to the sentence originally imposed by the trial court or whether it also refers to the sentence that the person now must serve and complete as a result of resentencing. The statutory text lacks guidance for resolving this question, and the majority properly acknowledges that our appellate decisions have not squarely addressed it before. While the majority states Hawkins “has been serving his sentence since it was originally imposed,” slip op. at 7, the fact remains that Hawkins’s original sentence was vacated by our earlier opinion in this case. . . . In Gardiner v. State, our supreme court concluded that when a defendant’s felony conviction was later modified and reduced to a misdemeanor, entry of judgment as a misdemeanor “constitute[d] a new and different judgment effectively vacating the prior judgment.” 928 N.E.2d 194, 197 (Ind. 2010). For one to say Hawkins’s original sentence was not vacated, but was merely revised and reduced, would be a distinction without a difference. The sentence Hawkins now must serve and complete is not the sentence the trial court originally imposed, rather, it is the new and different sentence the trial court entered in April 2010 in accordance with our earlier appellate decision.
I conclude that the “convicted . . . person’s sentence,” Ind. Code § 35-38-1-17(a)(1), refers to the sentence that the person now must serve and complete, and therefore Hawkins’s resentencing restarted the 365-day clock. Though, to emphasize, the legislature is free to provide a contrary rule, this interpretation is persuasive because the statute as written appears to speak in the present tense.