ILNews

Advisory sentence not sentencing starting point

Back to TopCommentsE-mailPrintBookmark and Share

A man appealing his 15-year sentence for rape made a "novel" argument in his brief: the trial court should have started its calculation of his sentence using the advisory sentence of 10 years instead of using the midpoint of 13 years.

In Ryan Richardson v. State of Indiana, No. 84A04-0811-CR-654, Ryan Richardson's argument in his appeal of his sentence "highlighted an oddity within Indiana's revised sentencing statutes" that hadn't been addressed yet by the state appellate courts, wrote Judge Terry Crone.

Richardson pleaded guilty to rape and sexual misconduct with a minor; his victim was his 15-year-old niece. The trial court merged the convictions and considered it to really be one crime of rape. The trial judge informed Richardson of the maximum of 20 years, minimum of six years and advisory sentence of 10 years for the rape conviction. The judge used the midpoint of 13 years as his starting point for sentencing. From the 13 years, the judge considered the mitigating and aggravating factors and tacked on two years as an enhancement due to Richardson's prior criminal record.

On appeal, Richardson contended the trial judge should have used the advisory sentence of 10 years as the starting point and added or subtracted time from that point. Judge Crone noted that the statutory sections that provide permissible sentences for Class A, B, C, or D felonies - with the exception of murder - don't have advisory sentences that are the mathematical midpoints between the maximum and minimum sentences. However, the fact the advisory sentences for those felonies don't equal the midway point, while strange, doesn't change the fact the "advisory sentence" is not a mandatory starting point, the judge wrote. A trial court isn't required to use the statutory advisory sentence or any other particular point as a starting point in its sentencing considerations.

The appellate judges reviewed Richardson's sentence and found it to be appropriate given the circumstances of the case.

In a lengthy footnote, Judge Crone wrote that the rape and sexual misconduct with a minor charges didn't have to merge and the facts in the probable cause affidavit outlined two distinct acts.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT