Transfer granted to sentencing appeal

August 14, 2009

The Indiana Supreme Court granted transfer this week to case in which a defendant believed the trial court abused its discretion in referring to his Level of Service Inventory-Revised and Substance Abuse Subtle Screening Inventory scores.

In Anthony Malenchik v. State of Indiana, No. 79A02-0902-CR-133, Anthony Malenchik believed the Tippecanoe Superior Court shouldn't have referenced his LSI-R and SASSI scores during his sentencing hearing for receiving stolen property as a Class D felony. His sentence - six years, with two suspended to probation - was enhanced because the court found Malenchik to be a habitual offender.

Although the trial court made reference to Malenchik's scores, based on the court transcript, the Indiana Court of Appeals deemed the trial court based its sentence on a series of proper considerations. Even though the trial court didn't make findings of aggravating or mitigating circumstances, it did find Malenchik lacked credibility, he repeatedly failed to take advantage of court-ordered services, and he continued to do drugs despite court-ordered testing.

The appellate court also affirmed his sentence.


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