Affirmed sentence in home invasion, sex assault clarifies aggravator standards

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An Indianapolis man’s 40-year executed sentence for leading a home invasion and forcing the woman who lived there to perform oral sex at gunpoint wasn’t improper, the Indiana Court of Appeals ruled Friday.

The ruling discarded the convict’s argument that the Marion Superior sentence on convictions of Class A felony criminal deviate conduct and Class B felony robbery improperly referenced the victim’s strength and support system. The appellate panel also found a new standard in which a judge may consider elements of a crime as an aggravator.

“In Pedraza v. State, 887 N.E.2d 77, 80 (Ind. 2008), our supreme court observed that ‘sentencing used to be a two-step process — imposing of the presumptive sentence, then deciding whether any aggravators or mitigators warranted deviation.’ Since the 2005 modification of the sentencing scheme, however, sentencing ‘consists of only one discretionary determination,’” Judge Michael Barnes wrote for the court.  “‘Thus, a sentence toward the high end of the range is no longer an ‘enhanced sentence’ in the sense that the former regime provided.’”

“According to Pedraza, based on the 2005 changes, the consideration of a material element of crime as an aggravator ‘is no longer an inappropriate double enhancement,’” Barnes wrote in Joshua Gomillia v. State of Indiana, 49A02-1301-CR-77.

“Thus, to the extent the trial court considered an element of the offense as an aggravator, it is no longer an improper double enhancement under the new sentencing scheme.”

The court rejected Gomillia’s other argument that the trial court improperly considered facts outside the record in referring to the victim’s strength and support system.

“The trial court was simply making a statement about the resilience of the victim prior to its assessment of the aggravators and mitigators. Any error in the trial court’s consideration of (the victim’s) testimony at a co-defendant’s trial was harmless because it did not impact the trial court’s determination of Gomillia’s sentence,” Barnes wrote.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

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