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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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