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COA orders reduced sentence in first impressions case

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In reversing a sentence for a serious violent felon, the Indiana Court of Appeals has ruled that intending to commit a “crime of violence” is not, in itself, a crime of violence.

In Zarumin Coleman v. State of Indiana, No. 49A02-1101-CR-12, Zarumin Coleman appealed his 60-year sentence for one count of Class A felony conspiracy to commit robbery and one count of Class B felony possession of a firearm by a serious violent felon.

Coleman argued that the sentence exceeded the maximum permissible for engaging in a single episode of criminal conduct. The appeals court examined Indiana Code Section 35-50-1-2(c), which states in part that the court may order sentences to be served consecutively, even if they are not imposed at the same time. But, the code section states: “However, except for crimes of violence, the total of the consecutive terms of imprisonment, exclusive of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentenced for felony convictions arising out of an episode of criminal conduct shall not exceed the advisory sentence for a felony which is one (1) class of felony higher than the most serious of the felonies for which the person has been convicted.”

The appeals court considered whether felony conspiracy to commit robbery is a crime of violence, with respect to consecutive sentencing.

Coleman pleaded guilty to the conspiracy and firearm possession charges, following a botched robbery. Coleman had instructed his girlfriend to give a gun to one of the parties involved in the robbery attempt, and he drove the would-be robbers to a home that reportedly contained money and marijuana. Ronald Davis entered the home, and shot and killed two women and two children, using the gun Coleman’s girlfriend provided.

The appeals court held that despite the tragic events in the home, no evidence exists to suggest that Davis actually committed a robbery, as he fled without any property. It also concluded that intending to commit a crime of violence is not a crime of violence, and therefore, Coleman’s sentence was inappropriate.

“We are compelled to conclude a sentence of sixty years on convictions for Class A felony conspiracy to commit robbery and Class B felony possession of a firearm by a (serious violent felon) violate the single episode of criminal conduct rule for non-‘crimes of violence,’” the court wrote in its opinion.  

The court reversed and remanded for the trial court to resentence Coleman to a total term of 55 years. In accordance with Ind. Code Section 35-50-2-3(a), the 55-year term is the advisory sentence for murder, the next class of felony above Class A. The appeals court found that sentence to be appropriate, in light of the nature of the offenses and Coleman’s character, and refused to reduce it further to a term of 45 years.

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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