Thursday, February 24, 2011
Ind. Decisions - Supreme Court decides one today
In Jason D. Miller v. State of Indiana, a 3-page, per curiam opinion, the Court grants transfer "to address the application of Indiana Code section 35-50-2-2(i) to the sentence for the class A felony conviction." The State asserts that section 2(i) requires a trial court to impose a minimum sentence of thirty years. But the Court here agrees with the COA opinion in Hampton v. State (COA 2010), where:
the Court of Appeals concluded that section 2(i) “dictates only the discretion trial courts have in designating which portions of a defendant's sentence may be suspended and does not expressly set sentencing minimums,” 921 N.E.2d at 31, and that trial courts have discretion “whether to sentence defendants to the advisory sentence, and require those so sentenced to serve thirty years of executed time, or to sentence defendants to a sentence below the advisory level under certain circumstances.” We conclude Hampton correctly decided the issue. * * *
Accordingly, we grant transfer and remand the case to the trial court for resentencing consistent with this opinion. The remainder of the Court of Appeals memorandum decision (reversing the trial court’s determination of Miller’s credit time classification, finding no violation of double jeopardy principles, and finding sufficient evidence supported the convictions) is summarily affirmed.
Posted by Marcia Oddi on February 24, 2011 02:10 PM
Posted to Ind. Sup.Ct. Decisions