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,”   




  • 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 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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.