ILNews

Court of Appeals revises burglary sentence

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals today revised a 40-year sentence handed down to a 19-year-old, citing inconsistencies between the trial court's oral and written sentencing statements.

In Nathan D. Feeney v. State of Indiana, 79A02-0609-CR-823, Feeney appealed his cumulative 40-year sentence for convictions of 10 counts of burglary as a Class B felony, which consisted of four consecutive and six concurrent 10-year sentences, because he believed the sentences to be too harsh given the nature of his offenses and his character.

At 18 years of age, Feeney was charged with 43 felony counts and pleaded guilty to 10 counts of burglary as a Class B felony, with the state dismissing all other counts.

At his sentencing hearing, the court said his young age could be a mitigating factor in where "you've made a mistake, but these are not mistakes." It also said the number of burglaries committed required more than the minimum sentence and consecutive sentences.

In its written sentencing statement, the trial court found the aggravating factors - the number of burglaries, Feeney's lack of candor, and the fact he had been selling drugs - balanced with his age as a mitigating factor. He was sentenced to serve 30 years at the Indiana Department of Correction, four years with the Tippecanoe County Community Corrections, and six years on supervised probation.

In the opinion, Judge Nancy Vaidik wrote the Court of Appeals would typically remand a case like this to the trial court; however, this is not an ordinary case. In revising the sentence, the Court of Appeals citied the differences between what was said at the oral sentencing and what was written in the sentencing statement about Feeney's age being a mitigating factor.

Typically, Indiana appellate courts have held that when a trial court finds a balance between the aggravating and mitigating circumstances, there is no reason to impose consecutive sentences. When there is conflict between the oral and written sentencing statements, the Court of Appeals can credit the statement that more accurately reflects the court's finding; however, "we cannot decipher whether the trial court's imposition of consecutive sentences represents a simple error of law or if it implies a finding that the aggravators actually outweigh the mitigators," wrote Judge Vaidik.

Under Indiana Appellate Rule 7(B), the Court of Appeals revised Feeney's sentence to 14 years: 10 served in the Indiana Department of Corrections, two years at Tippecanoe County Community Corrections, and two years on supervised probation. The Court of Appeals said Feeney is surely in need of reformation, but 40 years is unduly harsh and he may find himself taken under the guidance of experienced criminals while in prison.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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