CRONE, J.
Tongate contends that Judge Campbell should not have ruled on his motion to correct error, claiming that Magistrate Greenway, who presided at trial, was required to do so. A magistrate’s authority is determined by statute. Johnson v. Johnson, 882 N.E.2d 223, 225 (Ind. Ct. App. 2008). Indiana Code Section 33-23-5-5 enumerates the powers of a magistrate, including the authority to “[c]onduct an evidentiary hearing or trial.” Ind. Code § 33-23-5-5(11). Indiana Code Section 33-23-5-8 states in pertinent part that, except as provided under Indiana Code Sections 33-23-5-5(14) and 33-23-5-9(b), a magistrate “may not enter a final appealable order unless sitting as a judge pro tempore or a special judge.” Indiana Code Section 33-23-5-5(14) provides that a magistrate “may … [e]nter a final order, conduct a sentencing hearing, and impose a sentence on a person convicted of a criminal offense as described in [Indiana Code Section 33-23-5-9].” (Emphasis added.) Indiana Code Section 33-23-5-9 provides:
(a) Except as provided under subsection (b), a magistrate shall report findings in an evidentiary hearing, a trial, or a jury’s verdict to the court. The court shall enter the final order.
(b) If a magistrate presides at a criminal trial, the magistrate may do the following:
(1) Enter a final order.
(2) Conduct a sentencing hearing.
(3) Impose a sentence on a person convicted of a criminal offense.
(Emphasis added.)
The term “may” in a statute ordinarily implies a permissive condition and a grant of discretion. Romine v. Gagle, 782 N.E.2d 369, 380 (Ind. Ct. App. 2003), trans. denied. Although a magistrate has authority to enter a final order (such as an order on a motion to correct error) in a criminal proceeding, he is not required to do so. [Footnote omitted.] To the extent Tongate argues that Judge Campbell erred in ruling on his motion to correct error because it was impossible for him to evaluate the demeanor of the witnesses who testified at trial, we note that Tongate has failed to identify any “demeanor” issue that could have impacted Judge Campbell’s ruling. To the extent Tongate argues that Judge Campbell’s ruling itself is erroneous because “[t]here was no logical or reasonable explanation of how wet checks became associated with [an accident] scene where everything else was apparently dry,” Appellant’s Br. at 5, we note that this was not the stated basis for his motion to correct error. See Appellant’s App. at 79 (“The jury’s verdict – specifically the jury’s determination on the element of the Defendant’s knowledge that the checks were stolen – was against the weight of the evidence and not supported by the evidence.”). As such, Judge Campbell cannot be said to have erred in ruling on an issue that was not before him. In sum, we find no procedural or substantive error on this point.
BAILEY, J., and MATHIAS, J., concur.