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Court splits over sentence modification

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The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.

In Todd J. Crider v. State of Indiana, No. 91A05-1108-CR-389, Todd Crider, who pleaded guilty to Class D felony theft and admitted to being a habitual offender in White Superior Court, challenged the order that the sentence be served consecutively to a sentence imposed in Tippecanoe County that also included a habitual offender enhancement.

The original plea agreement in White County said that the sentence would be served concurrently with a habitual offender enhancement received in Tippecanoe County, but that line was crossed out and initialed by Crider and his attorney. The original agreement also called for a shorter sentence, but that was also crossed out and initialed. The final agreement also said that Crider waived his right to appeal and knowingly, intelligently, and voluntarily waived his right to challenge his sentence on the basis that it’s erroneous.

After sentencing, Crider challenged the legality of serving the sentence in the White County case consecutively to the sentence already imposed in Tippecanoe County.

The majority concluded that Crider waived his right to challenge his sentence as erroneous. Based on the original agreement, Crider was aware that the trial court might order the sentences to be served consecutively, wrote Judge Ezra Friedlander, yet he moved forward with the plea agreement in its current form.

Judge Melissa May dissented, pointing out that the final plea agreement didn’t contain any reference to whether the sentence would be served concurrently or consecutively with the Tippecanoe County matter. She would order the sentence be modified.

 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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