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Appeals court splits on new sentence modification issue

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An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.

In Nathan D. Hawkins v. State of Indiana, No. 79A02-1101-CR-100, Nathan Hawkins appealed the denial of his request for sentence modification. He was originally sentenced to 16 years in July 2009 after pleading guilty to child molesting. Hawkins appealed and the COA vacated the sentence, ordering a new 10-year sentence. The trial court issued the new sentence in April 2010, and in November 2010, Hawkins asked for the modification.

The trial court denied it because it was more than a year after he was originally sentenced and because the prosecutor didn’t approve a modification.

The majority affirmed in this first impression issue, citing Redmond v. State, 900 N.E.2d 40, 42-43 (Ind. Ct. App. 2009), to hold that the 365-day period did not restart when Hawkins was re-sentenced. Judges Terry Crone and Edward Najam suggested that defendants who want to pursue both remedies should request a stay of the appeal provided by Appellate Rule 37 to allow the trial court to consider the motion for sentence modification.

Chief Judge Margret Robb dissented, believing that based on language in statute, the clock restarts when someone is re-sentenced. She also pointed out holes in the majority’s reasoning to use the stay procedure, such as if a defendant stays his appeal, the sentence is modified, and then he appeals that reduced sentence, which sentence is the appellate court to review?

She wants the Indiana Legislature to revisit the sentence modification statute – which is not clear on when the 365-day period is triggered – and make any amendments to provide a clear, workable rule.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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