ILNews

COA finds court made several errors in sentencing

Back to TopCommentsE-mailPrintBookmark and Share

A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.

In Keith D. Jackson v. State of Indiana, No. 20A03-1105-CR-222, Keith Jackson pleaded guilty in 2004 to Class B felony robbery using a deadly weapon. He was released from the Indiana Department of Correction in 2009.

Later that year, the state charged Jackson with unlawful possession of a firearm by a serious violent felon under cause number 063. The probation department filed a petition for violation of probation under cause number 196, the offense for which he was sentenced in 2004. That petition recommended Jackson serve the balance of his previously suspended four-year sentence in the DOC.   

On January 11, 2010, Jackson and the state filed a plea agreement with the trial court in cause number 063. Under the terms of the plea agreement, Jackson pleaded guilty to the firearm charge and admitted the probation violation in cause number 196. In exchange, the state agreed to the following: 12 years incarceration with six of those 12 years suspended in cause number 063; two years served (as one with good-time credit) in cause number 196; discharged from probation in cause number 196, case closed; and probation to calculate credit time in cause number 063.

At a hearing, the trial court accepted the plea agreement and agreed to be bound by its terms. But the trial court eventually sentenced him to serve his previously suspended four-year sentence.

The COA held that the express terms of the plea agreement indicated that Jackson should receive a two-year executed sentence, rather than the four-year suspended sentence originally imposed in cause 196. After applying the time credit, the trial court was obligated to discharge Jackson from probation in cause 196. The COA found the trial court erred by imposing the suspended sentence of four years contrary to the accepted plea agreement, and therefore reversed and remanded to the trial court to resentence Jackson in accordance with the plea agreement.

The appellate panel also found that the trial court abused its discretion in ordering Jackson to pay public defender fees and perform community service.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

ADVERTISEMENT