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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.