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Justices affirm conviction but remand for new sentencing order

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A man sentenced to 14 years in prison for his convictions on multiple felony gun and drug charges will still have to serve the time, but the court must revise the sentencing order to explain why one conviction was ordered to be served consecutive to the others.

A Carroll Circuit jury convicted Robert Bowen of Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony dealing in schedule IV controlled substance, Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana. He was sentenced to 10 years on the SVF charge, and the other felony counts were ordered to be served concurrently, except for the dealing sentence – four years imposed consecutively for a 14-year aggregate executed sentence.

In a two-page per curiam decision in Robert Bowen v. State of Indiana, 08S02-1306-CR-423,  the Indiana Supreme Court cited the precedent of Anglemyer v. State, 868 N.E.2d 482, 490-91 (Ind. 2007), that requires the court to “include a reasonably detailed recitation of the trial court’s reasons for imposing a particular sentence.”

“The trial court did not state its reasons for imposing this sentence, either in writing or from the bench, and did not identify any reason for consecutive sentences,” the court wrote. “Accordingly, we grant transfer and remand this case to the trial court with instructions to issue an amended sentencing order that complies with the law, without a hearing.”


 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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