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Monday, September 10, 2007

Ind. Decisions - One today from the Supreme Court

Regunal R. Dowell v. State of Indiana is a 4-page Per Curiam opinion, with the Court writing:

We grant transfer to address the Court of Appeals’ resolution of a conflict between the trial court’s oral pronouncement of sentence and the written sentencing order. * * *

We grant transfer to apply McElroy. * * * We agree with the Court of Appeals that the trial court’s intent was to impose the sentence recommended in the pre-sentence report, which called for an executed three-year sentence on the criminal confinement conviction.

Accordingly, we grant transfer of jurisdiction, address the conflict between the oral pronouncement of sentence and the written sentencing order, affirm the 43-year executed sentence as stated in the trial court’s written sentencing order, and summarily affirm the remaining portions of the Court of Appeals opinion.

Posted by Marcia Oddi on September 10, 2007 02:18 PM
Posted to Ind. Sup.Ct. Decisions