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Appellate courts may consider credit time status

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Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.

Michael Sharp appealed his convictions and sentence for one count of Class A felony child molesting and one count as a Class C felony. He was sentenced to 40 years, but because he was assigned to class IV for purposes of credit time, his minimum possible sentence would be a little more than 34 years.

In Michael Sharp v. State of Indiana,  12S02-1109-CR-544, the justices only focused on Sharp’s argument that the Indiana Court of Appeals should have considered his credit restricted felon status when evaluating his request for appellate sentence review under Indiana Appellate Rule 7. The Court of Appeals panel said it wouldn’t take into account a person’s credit restricted felon status because “credit time is set by the legislature and is not a discretionary tool used by the trial court judge.”

The Supreme Court disagreed on this point, holding that credit time status may be considered by an appellate court exercising its review and revise authority.

Chief Justice Brent Dickson wrote that Appellate Rule 7(B) authorizes appellate courts to review and revise the totality of penal consequences ordered by the trial court to determine its appropriateness. “Accordingly, evaluation of a defendant's sentence may include consideration of the defendant's credit time status because this penal consequence was within the contemplation of the trial court when it was determining the defendant's sentence,” he wrote.

The justices found that even considering his assigned credit time status, Sharp’s sentence is not inappropriate because he was in a position of trust with his victim and evidence at trial demonstrated that Sharp committed the offenses multiple times over a period of years.

 

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  1. How do you go about each day with out having resentment or ill will towards the evil that has done this to you? Is it your faith that keeps you going and knowing that someday they will have to answer to God? At church our pastor talked about forgiveness and how Jesus forgave our sins and we should too. Its very hard knowing that we do the right thing in this world, and those that are liars, thieves, are continued in power and continue on doing their jobs, while you are banished from something that you have every right to do with out being penalized.

  2. From my post below .... I cut and pasted in error: http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468

  3. Your prayers must account for some of the wind beneath my wings. That and this: His yoke is easy, His burden light. OK, now to bring this comment thread 100% back to the topic at hand. From my secret files, never before published, a letter that Commission head Myra Selby deemed interesting, but ..... This Hail Mary was ignored by the Commission, and then cited by the Indiana bar examiners to justify the need for a lifetime banishment from the Indiana Supreme Court. I tender it as a study in anti white male anti Christian antipathy in the Indiana court system. Focused upon the Race (ie not white) and Gender (ie not male) and not religious Commission for "fairness." Uncle Karl, eat your heart out: https://www.scribd.com/document/340472424/Race-gender-request-24128-1 ... https://drive.google.com/file/d/0BznfHUztK5eTUGlxbmRvMWJsaHhLcGFuaE5KNHZWVjk3eHRn/view?usp=sharing

  4. What a disgrace of Judicial Proceedings. Can complain and write comments forever but someone needs to show the mother how to fight back before he turns this little girl against her.

  5. The truth comes out Issac Law Firm for Men helped Montgomery to get custody.Should read the lies he told them.How much was paid to the judges?

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