ILNews

Supreme Court takes case involving sentencing discrepancy

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.

A written plea agreement called for James Walsh to be sentenced to 20 years for the burglary conviction and a consecutive 30 years for the habitual offender determination with 20 years of the sentence suspended to probation. The trial court entered the habitual-offender enhancement as a separate, consecutive sentence.

The post-conviction court ordered he be re-sentenced to 20 years for the burglary conviction, enhanced by 10 years because it was an error to impose a separate, consecutive sentence for the habitual-offender enhancement.

The Court of Appeals reversed and remanded in a not-for-publication opinion June 24. The trial court was without authority to enter a sentence different than that provided for in the plea agreement, even if it was to Walsh’s benefit, the appellate court ruled. The judges remanded to correct the sentence order and abstract of judgment to reflect that the 30-year sentence for the habitual-offender adjudication serves to enhance the 20-year burglary sentence, with 20 years suspended to probation.

The case is James Walsh v. State of Indiana, No. 52S05-1009-CR-506.

The high court also granted transfer with opinions last week to Max Koenig v. State of Indiana, No. 42S04-1009-CR-505, Virginia Meister v. State of Indiana and Union City, No. 68S04-1009-CV-510, and Rosalynn West v. Betty Wadlington, et al., No. 49S02-1009-CV-509.
 

ADVERTISEMENT

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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT