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Monday, May 09, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In Johnnie Stokes v. State of Indiana, an 11-page opinion, Chief Judge Robb writes:

Johnnie Stokes was convicted of numerous felonies in 2009. In 2010, pursuant to his appeal, we vacated five of his convictions and remanded to the trial court for resentencing regarding his remaining convictions of robbery, attempted robbery, and unlawful possession of a firearm by a serious violent felon (“UPFSVF”), all Class B felonies, and criminal recklessness as a Class C felony. Stokes v. State, 922 N.E.2d 758 (Ind. Ct. App. 2010), trans. denied. The trial court resentenced him to concurrent terms of twenty years for robbery and ten years for attempted robbery, to be served consecutive to twenty years for UPFSVF, and consecutive to four years for criminal recklessness, for an aggregate sentence of forty-four years. Stokes now raises a single issue which we expand and restate as two: whether the trial court abused its discretion in sentencing him, and whether his sentence is inappropriate. Concluding that the trial court did not abuse its discretion and his sentence is not inappropriate, we affirm. * * *

This extensive history of criminal activity was the basis for the trial court’s imposition of a consecutive sentence for UPFSVF. This lengthy record likewise leads us to the conclusion that a consecutive sentence for UPFSVF is not inappropriate. Stokes has not satisfied his burden to persuade us that his sentence is inappropriate in light of the nature of his offense and his character, and accordingly we must affirm.

NFP civil opinions today (1):

Richard Cunningham v. Sandra Rains (NFP)

NFP criminal opinions today (5):

Brian E. Connell v. State of Indiana (NFP)

Jennings Daugherty v. State of Indiana (NFP)

Ryan Leon Stamm v. State of Indiana (NFP)

George W. Wilson v. State of Indiana (NFP)

Joseph James v. State of Indiana (NFP)

Posted by Marcia Oddi on May 9, 2011 12:55 PM
Posted to Ind. App.Ct. Decisions