ILNews

Court revises sentence based on plea agreement language

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The Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court erred by imposing a sentence that violated the terms of her plea agreement.

Leslie Grider was charged in three separate causes with a total of two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. She pleaded guilty as charged, and the plea agreement said that her sentence would “be open to the Court with all counts to run concurrently.”

Under each cause number, the trial court ordered the sentences imposed for the charges be served concurrently, but ordered that her sentences in the three causes run consecutively, for a total of 19 years.

Grider believed the language in the agreement meant that the sentences for each of the counts would run concurrently; the state contended that the trial court could order the sentences in the three causes to run consecutively. The Court of Appeals agreed with Grider, noting the plain language of the agreement says “sentence” not “sentences,” which “clearly contemplates a single sentence for all three cause numbers and all counts,” Judge Edward Najam wrote in Leslie Ann Grider v. State of Indiana, 48A02-1112-CR-1156.

And, even if the language was ambiguous, it would be resolved in favor of Grider. The judges ordered the trial court impose concurrent sentences for all counts and cause numbers, for a total sentence of eight years executed.

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

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  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

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