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Justices rule on sentence modification

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A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression. The prohibition of a sentence modification below the minimum is premised on a defendant who “has” a prior unrelated felony conviction.

In Julie Gardiner v. State of Indiana,  No. 08S02-0906-CR-277, Julie Gardiner appealed the trial court’s denial to modify her sentence for dealing in methamphetamine as a Class A felony in Carroll County. The trial court refused to sentence her below the statutory minimum of 20 years because of a prior unrelated felony. She had pleaded guilty in Hamilton County to possession with intent to manufacture, a Class D felony. That was later reduced to a Class A misdemeanor based on her successful completion of her probation terms. This was after she was sentenced in Carroll County.

Once her prior felony was reduced, the Carroll Circuit Court declined to reduce her sentence because at the time of her sentencing, the judgment in Hamilton County was still entered as a felony. The Carroll Circuit judge believed he was bound by the restrictions and limitations applicable at the time of the original sentence.

The Indiana Court of Appeals was divided in affirming the trial court.

The statute in question says “the court may suspend only that part of the sentence that is in excess of the minimum sentence” where “the crime committed was a Class A or Class B felony and the person has a prior unrelated felony conviction.”

The statute speaks in the present tense, but at the time she asked to have her sentence modified in Carroll County, Gardiner no longer had a prior unrelated felony conviction.

“The trial court declined to suspend Gardiner’s sentence below the statutory minimum of twenty years. On this narrow point we cannot say the trial court abused its discretion,” wrote Justice Robert Rucker. “To the extent however the trial court’s decision was influenced by its assumption that it had no discretion to sentence otherwise, the trial court erred. We therefore remand this cause to the trial court for further consideration consistent with this opinion.”
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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