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Friday, June 14, 2013

Ind. Decisions - Supreme Court issues one opinion today

In Robert Bowen v. State of Indiana, a 2-page, 5-0, per curiam opinion, the Court writes:

Precedent requires that a trial court “include a reasonably detailed recitation of the trial court's reasons for imposing a particular sentence,” Anglemyer v. State, 868 N.E.2d 482, 490-91 (Ind. 2007), including the reasons for imposing consecutive sentences, see, e.g., Ortiz v. State, 766 N.E.2d 370, 377 (Ind. 2002); Smith v. State, 474 N.E.2d 71, 73 (Ind. 1985); see also Ind. Code § 35-50-1-2. We choose to remand to the trial court for clarification of its sentencing decision and preparation of a new sentencing order. See Windhorst v. State, 868 N.E.2d 504, 507 (Ind. 2007), reh’g denied.

Accordingly, we grant transfer and remand this case to the trial court with instructions to issue an amended sentencing order that complies with the law, without a hearing. See Sanchez v. State, 938 N.E.2d 720, 723 (Ind. 2010). The decision of the Court of Appeals is summarily affirmed in all other respects. See App. R. 58(A). Subject only to the rules governing rehearing, this opinion concludes this appeal of the convictions and the original sentencing order.

Posted by Marcia Oddi on June 14, 2013 10:53 AM
Posted to Ind. Sup.Ct. Decisions