ILNews

Justices order resentencing on habitual offender sentences

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court on Thursday reversed the part of a White Superior Court’s sentencing order that a man who pleaded guilty to theft and being a habitual offender must serve his sentence consecutively with a case out of Tippecanoe County.

“In this case we conclude that the waiver of the right to appeal contained in a plea agreement is unenforceable where the sentence imposed is contrary to law and the Defendant did not bargain for the sentence,” Justice Robert Rucker wrote.

In Todd J. Crider v. State of Indiana, 91S05-1206-CR-306, Todd Crider appealed White Superior Judge Robert Mrzlack’s ruling that his three-year sentence for theft, enhanced by three years for the habitual offender adjudication, be served consecutively to the sentence imposed in Tippecanoe County. When Crider entered into his plea agreement in the White County case, he had been convicted in Tippecanoe County of theft, attempted fraud and found to be a habitual offender. He was ordered in that case to serve a partially suspended 545-day sentence.

When Crider entered into the plea agreement in White County, the trial court asked if Crider understood because of the Tippecanoe County convictions, part or all of his sentences may have to be served consecutively. Mrzlack concluded White entered the plea voluntarily and knowingly. The agreement also said Crider waived his right to appeal any sentence imposed within the range set forth in the plea agreement. But on the day of sentencing Crider argued that the habitual offender enhancement in White County couldn’t be ordered to be served consecutively with the habitual offender enhancement in Tippecanoe County. The trial court rejected his argument and ordered him to serve consecutive sentences in the two cases.

The state concedes there is a general rule that a trial court may not impose consecutive habitual offender enhancements, but that doesn’t apply in this case because a defendant may not enter into a plea agreement calling for an illegal sentence, benefit from it, and then complain it was illegal later.

But the plea agreement Crider entered into didn’t provide for an illegal sentence, so he is entitled to presume that the trial court would sentence him in accordance with the law, Rucker wrote.

“Crider’s waiver of appeal in his plea agreement therefore applied only to sentences imposed in accordance with the law,” he wrote. “Because the law does not permit the imposition of consecutive habitual offender sentences and Crider did not agree to consecutive habitual offender sentences, his waiver of appeal is thus invalid and his habitual offender sentences must be ordered to run concurrently.”

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. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT