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Wednesday, November 07, 2012

Ind. Decisions - Supreme Court decides one today

In Michael Kucholick v. State of Indiana, a 3-page, 3-1, per curiam opinion which is best read in full for the ratioanle, the Court writes:

After David Lawler obtained a $2,500 civil judgment against Michael Kucholick’s girlfriend for unpaid rent, Kucholick drove by Lawler’s rural home and fired two shots into the home.

Kucholick was charged with one count of criminal recklessness (a Class C felony), Ind. Code § 35-42-2-2, and one count of criminal mischief (a Class B misdemeanor), id. § 35-43-1-2. A jury found Kucholick guilty as charged, and the trial court sentenced Kucholick to an enhanced term of seven years for criminal recklessness (consisting of four years executed in the Department of Correction and three years suspended to probation) and six months for criminal mischief, to be served concurrently. * * *

{T]he Court of Appeals concluded that Kucholick had met his burden of establishing that his sentence was inappropriate. The majority held that Kucholick’s sentence should be revised to an aggregate sentence of four years, consisting of two years executed in a community corrections program and two years suspended to probation. * * *

We grant transfer of jurisdiction and direct revision of Kucholick’s aggregate sentence to an advisory term of four years, all executed. The decision of the Court of Appeals is summarily affirmed in all other respects. See Ind. Appellate Rule 58(A).

Rucker, David and Massa, JJ., concur.
Dickson, C.J., dissents, believing that, while it is correct to grant transfer, the judgment of the trial court should be affirmed.

Posted by Marcia Oddi on November 7, 2012 11:45 AM
Posted to Ind. Sup.Ct. Decisions