ILNews

Divided court affirms sentence that exceeds statutory authority

Back to TopCommentsE-mailPrintBookmark and Share

A man who pleaded guilty to misdemeanor charges and whose sentence exceeded statutory authority must nonetheless serve the term, a divided Court of Appeals ruled Tuesday.

Travis Koontz was charged with misdemeanor false informing, driving while suspended, and operating a vehicle while intoxicated. He pleaded guilty to the latter two charges and agreed to a sentence of 365 days in jail with 18 days to be executed and 365 days of probation for the Class B misdemeanor driving while suspended conviction, along with 60 days in jail with 18 days to be executed and 365 days of probation for the Class C misdemeanor drunken-driving conviction. The sentences were to run concurrently.

Though the maximum sentence for a Class B misdemeanor is 180 days and the maximum term for any misdemeanor is one year, two of the three judges ruled that the plea agreement between Koontz and the state prevailed.

“Concluding that Koontz waived any error in his sentence by consenting to the sentence as part of a plea agreement, we affirm,” Chief Judge Margret Robb wrote in Travis Koontz v. State of Indiana,  29A05-1202-CR-77. Judge Cale Bradford joined in the opinion.

But Judge John Baker wrote that had Koontz gone to trial and been convicted, at least one of the initial charges against him would have constituted double-jeopardy, and that Koontz received no benefit from the plea agreement.

“I acknowledge that our Supreme Court has made it clear that “[a] defendant ‘may not enter a plea agreement calling for an illegal sentence, benefit from that sentence, and then later complain that it was an illegal sentence.’” Lee v. State, 816 N.E.2d 35, 40 (Ind. 2004) (quoting Collins v. State, 509 N.E.2d 827, 833 (Ind. 1987)),” Baker wrote.

“The practical effect is that only the charge of class B misdemeanor false informing was dismissed pursuant to the plea agreement. Nevertheless, Koontz was exposed to a combined term of imprisonment and probation that exceeded statutory limits. Accordingly, in cases where the offenses are misdemeanors or minor felonies, the potential for abuse could be too great to justify permitting the imposition of illegal sentences through plea agreements. Therefore, I would reverse,” Baker wrote.

But the majority found that Koontz had benefited from the plea deal and appealed the sentence only after he violated terms of probation and was ordered to serve 240 days in jail.

“Had the trial court had discretion in sentencing Koontz, he could have received a sentence of up to one year imprisonment, and by virtue of the plea, he was to serve only eighteen days. The dissent believes that ‘where the offenses are misdemeanors or minor felonies,’ … the potential for abuse is too great and the benefit too small to justify allowing an illegal sentence to stand because it was the result of a plea bargain. We do not believe it is our place to categorically declare the Supreme Court’s position inapplicable to misdemeanors,” the opinion states.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT