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Justices rule on first impression issue involving sentence modification

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The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.

The justices addressed the first impression issue in State of Indiana v. Jeffrey Brunner, No. 57S04-1010-CR-603; and the companion opinion, State of Indiana v. Charles Boyle, No. 49S05-1105-PC-305. In both cases, Jeffrey Brunner and Charles Boyle petitioned for modifications of their Class D felony offenses – to which they pleaded guilty - to be modified to Class A misdemeanors several years after the convictions and sentences were entered. The trial judges granted the men’s motions, and the state appealed.

In Brunner, the justices first had to decide whether the state had the statutory right to appeal the modification of his conviction, which they concluded it did. The legislature didn’t provide the trial court the statutory authority to modify Brunner’s conviction, and because this is a pure question of law that doesn’t require evidence outside the record, the state has the limited ability to appeal a trial court’s modification of a conviction under the circumstances of this case, wrote Justice Steven David.

Then, the justices analyzed Indiana Code Section 35-50-2-7, which was applicable at the time of Brunner’s conviction, and I.C. Section 35-38-1-1.5, which became applicable later in 2003, to determine the legislative intent in granting authority to the trial courts to reduce Class D felonies to Class A misdemeanors. The high court concluded this is limited to the moment the trial court first entered its judgment of conviction and before the trial court announces its sentence.

The justices cited their decision in Brunner to hold that the trial court erred in modifying Charles Boyle’s sentence. Justice David wrote in Boyle that under I.C. Section 35-38-1-1.5, the trial court had to enter the misdemeanor conviction within three years of the entry of the judgment, all the parties must agree to the conditions, and the defendant must meet those agreed upon conditions. There’s no record that the trial court originally considered modifying Boyle’s sentence nor did the state consent to a misdemeanor sentence, wrote the justice. Also, the trial court didn’t modify his sentence within three years.

“Although it may be equitable and desirable for the legislature to give a trial court discretion in modifying a conviction years later for good behavior, we recognize at this time the legislature has not given any such authority. It may be appropriate for a trial court judge to be able to weigh mitigating and aggravating factors such as the hardship on the defendant’s family in making a conviction-modification decision,” wrote Justice David in Brunner.

“One of the purposes of the discussion regarding sentencing reform is to keep those offenders in prison that need to be in prison and to give more favor to those offenders who deserve an earlier opportunity to be productive citizens. The trial court believed it was assisting a defendant who had demonstrated he was worthy of an opportunity to have his conviction modified. However, at this time, the legislature has not enacted any such authority for the trial court.”

In both cases, the justices ordered the trial courts to reinstate the original judgment of conviction.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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