Class A felony sentences not inappropriate under Appellate Rule 7(B)

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Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).
The state’s highest court vacated a pair of decisions by the Indiana Court of Appeals to halve sentences in both Kirk B. Lynch v. State of Indiana, 40S05-1301-CR-23, and Calvin Merida v. State of Indiana, 69S01-1301-CR-24. The justices ruled trial courts’ imposing of a 40–year sentence on Kirk Lynch and a 60-year term on Calvin Merida were appropriate.

After being convicted of attempted child molesting, a Class A felony, Lynch was sentenced to 40 years with five years suspended. Merida pled guilty to two counts of child molesting as Class A felonies. He was given consecutive advisory sentences for an aggregate term of 60 years.

The sentencing range for a Class A felony is 20 to 50 years with the advisory sentence being 30 years.

However, the trial court found the aggravating factors in the Lynch case, including that he was an Internet sexual predator and had a criminal history, outweighed the mitigating factors and therefore justified a sentence in excess of the advisory term. For Merida, the trial court noted his lack of criminal history but drew attention to the length of time his conduct occurred and the victim’s suffering.

On appeal, the COA revised Lynch’s sentence to the minimum term of 20 years and revised Merida’s sentence by ordering them to run concurrently, which reduced the aggregate term to 30 years. It cited Indiana Appellate Rule 7(B), which allows an appellate court to revise a sentence if it deems that sentence is inappropriate in light of the nature of the offense and the character of the offender.

In a per curiam decisions, the state Supreme Court affirmed the sentences handed down by the trial courts. The justices wrote in Lynch “…our collective judgment is that the sentence imposed by the trial court is not inappropriate under Appellate Rule 7(B), and does not warrant appellate revision.”


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...