High court revises burglary sentence

Jennifer Nelson
January 1, 2007
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The Indiana Supreme Court reduced a burglar's sentence, finding his crime didn't justify the 40-year sentence imposed by the trial court.

At issue in Steven Hollin v. State of Indiana, No. 69S01-0705-CR-188, is whether the trial court properly sentenced Hollin for his conviction of conspiracy to commit burglary and being a habitual offender.

Hollin and a friend knocked on doors in Ripley County to determine if residents were home. If the home appeared empty, they planned to rob the house. Hollin and his friend found an empty home and stole $600.

At his sentencing hearing, the trial court found Hollin's criminal history to be the only aggravating factor. The court found one mitigating factor - that he was only 18. The court sentenced him to 20 years on the conspiracy conviction and enhanced the sentence by 20 years for the habitual offender adjudication.

Hollin appealed, raising two issues: whether it was fundamental error for the trial court to admit evidence of his criminal history and whether the court properly sentenced him.

In his claim regarding his criminal history, Justice Robert Rucker wrote the Supreme Court has long held that it is permissible for the trial court to consider the same prior offenses for both enhancement of the instant offense and to establish habitual offender status.

Regarding his sentence, while the trial court properly exercised its discretion, the Supreme Court decided Hollin's crime didn't warrant the 40-year sentence. Most of Hollin's criminal history happened when he was a juvenile and none of the offenses, with the exception of a cruelty to animal charge, involved violence. His character and past transgressions do not justify the 40-year sentence, Justice Rucker wrote. The high court revised Hollin's burglary sentence to 10 years and imposed an additional 10 years for the habitual offender enhancement, for a total aggregate 20-year term.

Justice Brent Dickson dissented from the majority in terms of revising Hollin's sentence. He wrote that the appellate courts should refrain from revising sentences except in rare cases. Also, trial courts should know better than appellate courts what type of sentence is appropriate.

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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.