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Justices: Inmate will serve longer term for punching prison worker

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A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.

The Indiana Supreme Court remanded State of Indiana v. Adrian Lotaki, 32S01-1403-CR-151, with instructions to resentence him. At sentencing on a conviction of Class D felony battery for the prison-worker assault, a judge imposed a three-year sentence but awarded 471 days of credit time for time served before the battery charge plus another 471 days of Class I credit time against the battery charge.

“This award of credit time with respect to a mandatory consecutive sentence was error, and conflicts with our precedent,” justices held in a four-page, per curiam opinion. The ruling affirms the State’s position in a motion to correct error that was denied at the trial court and Court of Appeals.

Justices noted I.C. 35-50-1-2(d)(1) requires consecutive sentences when crimes are committed by someone imprisoned for another crime. Lotaki’s credit time was calculated in conflict with the statute.

“To award credit for this time against the battery sentence rather than against the aggregate of the consecutive sentences would result in more credit to which he was entitled and would effectively enable him to serve part of the consecutive sentences concurrently,” justices reasoned.


 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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