PER CURIAM.
We granted transfer to address whether this appeal, taken after a prison sentence was imposed but before the question of restitution was decided, should have been dismissed as premature. Given the particular circumstances, as explained below, we have concluded that this appeal should not be dismissed and should be remanded to the Court of Appeals for resolution on the merits.
Following a jury trial, Bobby Alexander was found guilty of two counts of aggravated battery,
The trial court then informed Alexander that if he intended to appeal, he had to file a Notice of Appeal within thirty days. (Tr. p. 638.) The Abstract of Judgment was issued and filed that day,
After Alexander filed his appellant's brief, the State moved to dismiss the appeal on grounds the appeal was premature. The State asserted that because there had been no resolution of whether (or how much) restitution would be ordered, there had been no "final judgment"
As matters stand now, close to two years after having been convicted and placed in DOC custody, Alexander's appeal has not been considered on the merits, and no order on whether he will be required to pay restitution has been entered.
The State's position is that Alexander caused the delay by requesting time to investigate the medical bills and initiating this appeal before the trial court had ruled on the State's request for a restitution order. In arguing for dismissal of a premature appeal, the State relies primarily on Haste v. State, 967 N.E.2d 576 (Ind.Ct. App.2012), trans. not sought, where the trial court's sentencing order stated that restitution was being taken under advisement, but Haste initiated the appeal before restitution was determined. The Court of Appeals decided that because the trial court's order had specifically stated restitution was under advisement, the order did not completely dispose of all the sentencing issues, and there was no final, appealable judgment. Id. at 577. The Haste appeal was dismissed as premature.
However, unlike the reported facts in Haste, here the trial court advised Alexander that any Notice of Appeal had to be filed within thirty days of the June 20 hearing and the trial court appointed appellate counsel a few days later. That advisement sufficiently put matters in a state of confusion about Alexander's appeal deadline, we think, such that he is entitled to have his appeal decided on the merits now. See Berry v. Huffman, 643 N.E.2d 327, 328-29 (Ind.1994) (one goal of rules governing appeals is to avoid leaving litigants uncertain whether to initiate an appeal that might be dismissed as premature or risk losing a right to appeal altogether). Further, given the unusual procedural history of this future order of restitution once jurisdiction returns to the trial court will not be precluded.
As indicated, given the confusion about appellate deadlines that may have resulted from the trial court's advisement and in view of the delay already in the case, Alexander's appeal should be addressed on the merits even though the issue of restitution remains unresolved at this juncture. Accordingly, transfer having been granted, this case is remanded to the Court of Appeals for consideration of the points raised in Alexander's appellant's brief.
DICKSON, C.J., and RUCKER, DAVID, MASSA, and RUSH, JJ., concur.