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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

    2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

    3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

    4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

    5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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