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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

    2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

    3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

    4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

    5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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