Trial court couldn't modify man's sentence

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Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.

Dale Redmond was convicted of various burglary, robbery, and battery charges in 1998 and sentenced to serve 20 years for robbery and two battery convictions and then eight years for his last county of battery. That sentence was ordered be served consecutively to the robbery sentence.

In February 2008, Redmond filed a motion to modify his sentence pursuant to Indiana Code Section 35-38-1-17(a), stating he had just begun serving his eight-year sentence for battery and was within the one-year period in which to file a statutory motion to modify without the approval of a prosecutor. The trial court denied his motion, ruling it was without authority to modify his sentence.

In Dale Redmond v. State of Indiana, No. 49A02-0808-CR-761, the Court of Appeals examined the statute at issue in the case as well as Liggin v. State, 665 N.E.2d 618 (Ind. Ct. App. 1996), which Redmond used to support his motion.

At the time Liggin was decided, the statute didn't mention the imposition of a sentence, only that a court may modify a sentence after a defendant begins serving his sentence. Based on the statute at the time, the Court of Appeals held Liggin hadn't yet begun serving his second sentence at the time the trial court purported to modify it, so it was without authority to do so.

Since Liggin, the statute has been amended to allow a defendant 365 days after he begins serving his sentence to file a motion to modify, wrote Judge Nancy Vaidik.

"We find the amendment of Indiana Code § 35-38-1-17(a) in 2005 to include the term 'imposed' to be critical," she wrote.

The triggering date is the date the trial court imposes the sentences and reading the statute that way furthers the state's legitimate interest in the finality of the judgments and an ordered procedure for the modification of sentences.

"Allowing a defendant to file a motion to modify a sentence each time he begins a new sentence is inconsistent with the legislature's 2005 amendment of the statute to add back in the term 'imposed,' which denotes a one-time event, and would give the defendant several attempts to modify his sentence, thereby defeating finality," the judge wrote.


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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.