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Wednesday, May 21, 2008
Ind. Decisions - "State court cuts 100-year cocaine term"
That is the headline to a story today by Niki Kelly of the Fort Wayne Journal Gazette, reporting on the Court of Appeals NFP decision yesterday in the case of Sharico Devon Blakely v. State of Indiana.
In the opinion, Judge Kirsch concludes:
Blakely challenges his sentence of one hundred years arguing that the trial court incorrectly weighed the aggravating and mitigating circumstances and that the sentence is inappropriate considering the nature of the offense and his character. Because we no longer review the weight a trial court assigns to aggravating and mitigating circumstances, and because Blakely has a substantial criminal history of dealing narcotics, we do not address Blakely’s first argument and will only review his sentence for appropriateness. * * *From Kelly's story:Blakely contends that his sentence of one hundred years was inappropriate in light of the nature of the offense and his character and, therefore, that it should be revised. We agree.
Ordering consecutive, enhanced sentences is appropriate for only the worst of crimes by the worst of offenders. Perry v. State, 751 N.E.2d 306, 308 (Ind. Ct. App. 2001). Here, while Blakely’s character as reflected in his prior criminal history, justifies enhancing his sentence or making the advisory sentences consecutive, it does not justify doing both, and we conclude that a one-hundred-year sentence is inappropriate. We remand with instructions to enter the advisory sentence of thirty years on all counts with Counts I, II, and III to run concurrently to each other, and Count IV to run consecutively to the others for a total of sixty years executed.
The Indiana Court of Appeals on Tuesday sliced a 100-year cocaine sentence nearly in half and upheld two felony murder convictions in unrelated Allen County cases.The appellate judges first ruled that Allen Superior Court Judge Kenneth Scheibenberger’s 100-year sentence for convicted drug dealer Sharico Devon Blakely was inappropriate.
After Blakeley rejected a plea agreement, a jury found him guilty in 2007 of three counts of dealing cocaine and possession with intent to distribute. During his sentencing hearing, he often interrupted his lawyer and the prosecutor, and challenged Scheibenberger.
For instance, Blakeley, 29, at one point told the judge, “I’ll be back. Soon.”
Scheibenberger replied, “The last guy that said that to me is still in prison.”
“I’m an innocent man,” Blakely protested.
“So is Charles Manson,” Scheibenberger responded.
In the end, Scheibenberger sentenced Blakely to 100 years in prison – 50 years for the three dealing charges, to run concurrently, and an additional 50 years for the possession with intent charge, to run consecutively.
“The jury found you guilty,” Scheibenberger said. “The reality is you’re a dealer for profit. You’re a person who spreads this poison in our community. Given your record, you have proven you can’t reform your actions, thereby forfeiting your right to live among the law-abiding citizens.”
But the appeals court said “ordering consecutive, enhanced sentences is appropriate for only the worst of crimes by the worst of offenders.” * * *
The appeals court remanded the case and ordered Scheibenberger resentence Blakely to a total of 60 years in prison. Under Indiana’s good-time-credit rules, this means he will likely serve only 30 years.
Posted by Marcia Oddi on May 21, 2008 09:48 AM
Posted to Ind. App.Ct. Decisions