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Wednesday, December 05, 2007

Ind. Decisions - Supreme Court issues one today

In Steven Hollin v. State of Indiana, a 7-page opinion, Justice Rucker writes:

The defendant was convicted of conspiracy to commit burglary, a Class B felony, and found to be a habitual offender. The trial court sentenced him to twenty years for the conspiracy offense, enhanced by twenty years for the habitual offender adjudication. Under our constitutional authority we revise the sentence to a total aggregate term of twenty years. * * *

Conclusion. We remand this cause to the trial court with instructions to enter a sentence of ten years for conspiracy to commit burglary as a Class B felony, enhanced by ten years for the habitual offender adjudication.

Shepard, C.J., and Sullivan and Boehm, JJ., concur.
Dickson, J., concurs and dissents with separate opinion. [which begins] I dissent as to the revision of the sentence selected by the trial court. As to the remainder of the Court's opinion, I concur.

Posted by Marcia Oddi on December 5, 2007 02:18 PM
Posted to Ind. Sup.Ct. Decisions