ILNews

10-year sentence for 5-finger discount not inappropriate, COA rules

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The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.

Frederick L. King pleaded guilty to robbery as a Class B felony after taking a shirt from a Fort Wayne retailer. The trial court noted aggravating circumstances that King had three prior juvenile delinquency adjudications and, at the time of the robbery, had been released on bond in another case involving the use of a firearm which resulted in a Class C felony charge. As a mitigating circumstance, the lower court pointed out King had pleaded guilty and expressed remorse.

Consequently, the trial court sentenced King to the advisory sentence of 10 years, but it suspended six years of the sentence to probation.

The COA reviewed Frederick L. King v. State of Indiana, 02A03-1212-CR-515, under the authority granted by the Indiana Constitution permitting appellate review and revision of criminal sentences. Appellate courts may revise sentences if the sentence is found to be inappropriate in light of the nature of the offense and the character of the offender.

In a per curiam decision, the appeals court concluded the trial court did not impose an inappropriate sentence under Appellate Rule 7(B) and the sentence does not warrant appellate revision.

 

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  • compare this to TARP parasites
    If this chap had only been the head of a "too big to fail" bank, then he could have stole 15 million or maybe billion and not ever seen the inside of a courtroom
  • Wow!
    Ten years for a 15 dollar shirt? Inspector Javert is alive and well in Indiana! Transfer please.

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    1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

    2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

    3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

    4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

    5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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