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Thursday, April 06, 2006
Ind. Decisions - Court of Appeals issues one today
In James R. Johnson v. State of Indiana, a 13-page opinion, Judge Barnes writes:
James Johnson challenges his thirty-year sentence for child molesting, a Class A felony, a $5000.00 fine, and an order requiring him to pay restitution for the victim’s counseling. We affirm and remand. * * *In this case, the trial court’s sentencing order with regard to restitution is unclear, and we are not able to determine whether that portion of the sentence is in keeping with the requirements of the restitution statute. The State, too, reaches this conclusion and concedes that the restitution order “requires clarification.” Because we are unable to determine whether the restitution provision is improper and results in fundamental error, we remand this portion of Johnson’s sentence to the trial court for clarification.
Conclusion. We conclude that any possible violation of Johnson’s rights under the Fifth Amendment to the United States Constitution and Article I, Section 13 of the Indiana Constitution during his sentencing hearing was harmless. We further conclude that the trial court did not abuse its discretion by sentencing Johnson to what was a presumptive thirty-year sentence on a Class A felony and that the $5000.00 fine imposed on him was appropriate. We remand to the trial court for clarification of the restitution portion of Johnson’s sentence. We affirm and remand.
Affirmed and remanded for clarification.
Posted by Marcia Oddi on April 6, 2006 01:14 PM
Posted to Ind. App.Ct. Decisions