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Thursday, October 22, 2009

Ind. Decisions - Supreme Court issues one today

In Charles Rivers v. State of Indiana, a 4-page, 4-1 opinion, Chief Justice Shepard writes:

A jury found appellant Charles Rivers guilty of child molesting. There were two incidents, charged as three counts. On appeal, he challenges the sufficiency of the evidence and the appropriateness of his sentence. Based on the character of the offender and the nature of the offenses, we revise the sentences to be served concurrently, for a total of thirty years executed. * * *

After reviewing the sentence imposed, the nature of the offenses and Rivers’ character, we conclude that imposing Rivers’ class A advisory sentences to run consecutively is not warranted.

We affirm Rivers’ convictions and direct that his two thirty-year sentences be served concurrently. The trial court may issue an amended sentencing order and any other entries necessary to impose a revised sentence without a hearing.

Sullivan, Boehm, and Rucker, JJ., concur.
Dickson, J., dissents without separate opinion.

Posted by Marcia Oddi on October 22, 2009 02:42 PM
Posted to Ind. Sup.Ct. Decisions