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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. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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