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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. 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?

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