ILNews

Justices rule on sentencing scheme

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court has once again influenced the state's criminal sentencing scheme in a pair of rulings that are the latest in a post-Blakely world.

Justices issued decisions Thursday in Rosalio Pedraza v. State of Indiana, No. 49S04-0711-CR-516, and Michael Sweatt v. State of Indiana, No. 49S02-0805-CR-290, which when read together offer trial courts guidance about using a person's criminal history and enhancing penalties.

The court held that double enhancements are allowed using a single element of criminal history, but consecutive sentences can't be the result because that would be improper.

Chief Justice Randall T. Shepard authored both rulings in the cases originating in Marion County. Pedraza involves a car accident that killed two people in front of White River Gardens in Indianapolis following a wedding reception. A jury found him guilty on three counts of operating while intoxicated, one enhanced by his habitual substance offender status, and he received consecutive sentences totaling 52 years. Sweatt appealed his convictions for burglary and possession of a handgun by a serious violent felon, for which he received consecutive sentences totaling 70 years - enhanced because of his habitual offender status.

Key to both rulings are the Indiana General Assembly's statutory changes made since 2001, specifically those that came after the U.S. Supreme Court's decision in Blakely v. Washington, 542 U.S. 296 (2004), that altered the respective sentencing schemes nationally and eventually statewide. While presumptive terms were once used, the state legislature in 2005 eliminated that method for "advisory" sentences on each offense so that courts could impose any sentence within a statutory range.

"We conclude that under Indiana's new 'advisory' sentencing scheme, such use of a prior conviction does not amount to an impermissible double enhancement," Chief Justice Shepard wrote in Pedraza, the first part of the court's dual holding.

"While we conclude that the enhancements themselves were proper, it nonetheless constituted error to order Sweatt's sentences to run consecutively, creating a double enhancement similar to the one we disapproved in (a past case)," he wrote in Sweatt. "In a case where separate counts are enhanced based on the same prior felony conviction, ordering sentences to run consecutively has the same effect as if the enhancements both applied to the same count."

In a separate dissenting opinion in Sweatt, Justices Theodore Boehm and Brent Dickson disagreed that the statutes or precedent support the no-consecutive sentences aspect of the majority's opinion in that case.

"I would think the penal consequences of these crimes, if convictions were obtained, should not be driven in either direction by the joinder decision," Justice Boehm wrote.

With these rulings, both sets of convictions are affirmed, but the cases are remanded for the trial courts to resentence the men.
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. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

ADVERTISEMENT