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Term of imprisonment reduced by half after COA rules sentence does not fit the crime

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A man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the sentence imposed by the trial court was an outlier.

The COA reversed and remanded with instructions the trial court’s sentence in Calvin Merida v. State of Indiana, 69A01-1203-CR-110. It found the nature of the offense and the character of the defendant did not warrant the 60-year aggregate term of imprisonment assessed by the lower court.

Calvin Merida pleaded guilty to two counts of child molesting, as Class A felonies, for abusing his adopted daughter. The trial court sentenced him to 30 years imprisonment for each of the two counts with the sentences to run consecutively for an aggregate term of imprisonment of 60 years.

Merida appealed, challenging the appropriateness of his sentence.

In reviewing the case, the COA pointed out there was no evidence that Merida’s conduct was particularly violent although the victim is said to suffer from “life-altering anxiety” as a result of the offenses becoming known. Also with respect to his character, the court found he has no prior criminal history and did graduate from high school and has maintained steady and well-paid employment.

Citing in its role to “leaven the outliers,” the COA revised Merida’s sentence. It reversed the trial court’s sentencing order and remanded with instructions to revise the sentencing order to run his two 30-year sentences concurrent for an aggregate 30-year term.

Judge Terry Crone concurred in part and dissented. He disagreed with the majority’s decision to run Merida’s two 30-year sentences concurrently.

Instead, he wrote, he would have remanded with instructions that Merida’s sentence be revised so that eight years of the 30-year sentence on the second count would run consecutive to the 30-year sentence on the first count and the remainder would run concurrent for a total executed sentence of 38 years.

Crone acknowledged that Indiana Code 35-50-1-2 does not specifically authorize partially consecutive sentences, but he believes the statute should be interpreted to provide trial courts with flexibility in sentencing.

“If it is determined that the statute as currently written does not authorize partially consecutive sentences,” Crone wrote, “it is my hope that the legislature would amend the statute accordingly and give trial courts and appellate courts an important tool for crafting appropriate sentences in cases like this one,”   

 

 

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  • Law
    WAKE UP AMERICA All tyranny needs to gain a foothold is for people of good conscience to remain silent. IT'S TIME FOR ALL AMERICANS TO STAND AND SPEAK UP MUST READ ARTICLES The Infallible Prosecutor: Google it 10,000 innocent people convicted each year Scalia's death row lunacy: Google it Most registered sex offenders are innocent www.wikipedia.org Type censorship in the U.S. in the search box IF YOU DON'T KNOW YOUR RIGHTS YOU DON'T HAVE ANY Jury nullification: A fundamental right! Indiana Constitution: Article1: Section 19: In all criminal cases whatever, the jury shall have the right to determine the law and the facts. The 9th and 10th amendments to the constitution of the United States means the same thing. An unjust law is not a law at all and any person charged with violating an unjust law has not violated any law and should be found not guilty simply because the law is unjust! WE MUST PROTECT OUR CONSTITUTIONS ntra
  • Constitution:
    Judge4s and courts are always crying, make laws so we can convict everyone the cops arrest, guilty or innocent, we don't care we want convictions. Why don't the courts and judges petition congress to repeal stupid nonsense laws, especially thos related to sex offenders! Reading those laws is like reading a joke book and they trample our constitutional rights and believe me people, you lose one right, soon you will lose all rights! Besides most sex offenders are innocent, as far as I am concerned the only way a person can commit a sex offense is to actually have some form of sex. Sex offender laws are not just unconstitutional, they are illegal, overbroad, ambiguous and assinine!!!

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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