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Justices strike down partial consecutive sentences

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Indiana trial court judges do not have discretion to impose partial consecutive sentences, the Indiana Supreme Court ruled Tuesday.

Bryant E. Wilson was convicted of Class A felony counts of rape and criminal deviate conduct and Class B felony armed robbery. Grant Circuit Judge Mark E. Spitzer sentenced Wilson to 45 years in prison on the A felony counts and 20 years on the B felony. He ordered five years of the 20-year sentence be served consecutively to the 45-year term, with the remaining 15 years served concurrently, for an aggregate 50-year sentence.

“Is this form of sentence permissible?” Justice Steven David wrote for the court in Bryant E. Wilson v. State of Indiana, 27S02-1309-CR-584. “Because trial courts are limited to sentences authorized by statute, and because the relevant provisions of the Indiana Code here do not authorize such a hybrid sentence, the answer must be 'no.'"

The Court of Appeals affirmed Wilson’s sentence in a split opinion. The majority of the COA panel held that such partial-consecutive sentences were permissible because statute did not prohibit them. Justices, however, sided with then-Chief Judge Margret Robb’s dissent in which she wrote courts may only impose sentences authorized by statute.

"Chief Judge Robb was correct when she said that “sentencing is a creature of the legislature and … we are limited to sentences that have been expressly permitted by the legislature,” David wrote. The panel wrote that allowing hybrid sentences would potentially create absurd and complicated results.

Justices remanded the matter for resentencing not to exceed the current aggregate 50-year term.

"There are a number of ways that Wilson’s aggregate sentence of fifty years can be effectuated by the trial court on remand, if it is merited. Imposing a partially consecutive sentence for one of the individual convictions is not one of them," David wrote.

 
 
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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