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Thursday, March 26, 2009

Ind. Decisions - "Appeals court slashes molesting sentence: Projected prison time drops from eight to 1½ years"

So reads the headline to this story by Jeff Parrott in the South Bend Tribune. Some quotes:

At the sentencing hearing, Frese said he gave Baker the maximum prison term "because there’s a serious concern I have for your danger to young children."

But the appeals court did not believe Baker "is one of the worst offenders deserving of the maximum sentence." He had no criminal history, had been honorably discharged from the Marines, and suffers from chronic back pain, depression and anxiety after contracting "flesh eating virus syndrome," the court wrote.

In a 2-1 vote, the appeals court ordered Frese to reduce Baker’s sentence to five years for each count, and to run the sentences concurrently, or at the same time, with two years suspended to be served on probation.

That means Baker will now receive three years in prison, or a year and a half, after accounting for day-for-day good-time credit. He could be released in early 2010. * * *

The three-judge appeals panel consisted of Elaine B. Brown, Margret J. Robb and Terry A. Crone.

Crone, a former St. Joseph Circuit Court judge, dissented from the opinion. Crone wrote that he agreed Baker is not the worst type of offender, but said he still believed the nature of the offenses and Baker’s character support the imposition of consecutive sentences and more prison time than what the appeals court has ordered.

The opinion, Ronald Baker, v. State of Indiana (NFP), was issued Tuesday.

Posted by Marcia Oddi on March 26, 2009 09:39 AM
Posted to Ind. App.Ct. Decisions