ILNews

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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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