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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

    2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

    3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

    4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

    5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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