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Justices order resentencing on habitual offender sentences

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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.”

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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