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Justices rule on sentence modification

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A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression. The prohibition of a sentence modification below the minimum is premised on a defendant who “has” a prior unrelated felony conviction.

In Julie Gardiner v. State of Indiana,  No. 08S02-0906-CR-277, Julie Gardiner appealed the trial court’s denial to modify her sentence for dealing in methamphetamine as a Class A felony in Carroll County. The trial court refused to sentence her below the statutory minimum of 20 years because of a prior unrelated felony. She had pleaded guilty in Hamilton County to possession with intent to manufacture, a Class D felony. That was later reduced to a Class A misdemeanor based on her successful completion of her probation terms. This was after she was sentenced in Carroll County.

Once her prior felony was reduced, the Carroll Circuit Court declined to reduce her sentence because at the time of her sentencing, the judgment in Hamilton County was still entered as a felony. The Carroll Circuit judge believed he was bound by the restrictions and limitations applicable at the time of the original sentence.

The Indiana Court of Appeals was divided in affirming the trial court.

The statute in question says “the court may suspend only that part of the sentence that is in excess of the minimum sentence” where “the crime committed was a Class A or Class B felony and the person has a prior unrelated felony conviction.”

The statute speaks in the present tense, but at the time she asked to have her sentence modified in Carroll County, Gardiner no longer had a prior unrelated felony conviction.

“The trial court declined to suspend Gardiner’s sentence below the statutory minimum of twenty years. On this narrow point we cannot say the trial court abused its discretion,” wrote Justice Robert Rucker. “To the extent however the trial court’s decision was influenced by its assumption that it had no discretion to sentence otherwise, the trial court erred. We therefore remand this cause to the trial court for further consideration consistent with this opinion.”
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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