ILNews

High court revises burglary sentence

Jennifer Nelson
January 1, 2007
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The Indiana Supreme Court reduced a burglar's sentence, finding his crime didn't justify the 40-year sentence imposed by the trial court.

At issue in Steven Hollin v. State of Indiana, No. 69S01-0705-CR-188, is whether the trial court properly sentenced Hollin for his conviction of conspiracy to commit burglary and being a habitual offender.

Hollin and a friend knocked on doors in Ripley County to determine if residents were home. If the home appeared empty, they planned to rob the house. Hollin and his friend found an empty home and stole $600.

At his sentencing hearing, the trial court found Hollin's criminal history to be the only aggravating factor. The court found one mitigating factor - that he was only 18. The court sentenced him to 20 years on the conspiracy conviction and enhanced the sentence by 20 years for the habitual offender adjudication.

Hollin appealed, raising two issues: whether it was fundamental error for the trial court to admit evidence of his criminal history and whether the court properly sentenced him.

In his claim regarding his criminal history, Justice Robert Rucker wrote the Supreme Court has long held that it is permissible for the trial court to consider the same prior offenses for both enhancement of the instant offense and to establish habitual offender status.

Regarding his sentence, while the trial court properly exercised its discretion, the Supreme Court decided Hollin's crime didn't warrant the 40-year sentence. Most of Hollin's criminal history happened when he was a juvenile and none of the offenses, with the exception of a cruelty to animal charge, involved violence. His character and past transgressions do not justify the 40-year sentence, Justice Rucker wrote. The high court revised Hollin's burglary sentence to 10 years and imposed an additional 10 years for the habitual offender enhancement, for a total aggregate 20-year term.

Justice Brent Dickson dissented from the majority in terms of revising Hollin's sentence. He wrote that the appellate courts should refrain from revising sentences except in rare cases. Also, trial courts should know better than appellate courts what type of sentence is appropriate.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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