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Monday, October 27, 2014

Ind. Decisions - "Appellate court: Man's local sentence can't be tied to another county"

David G. Taylor v. State, an Oct. 22nd NFP Court of Appeals opinion with a pro se appellant, that concluded:

The trial court’s consecutive sentencing order is facially erroneous, under the statute in existence at the time of Taylor’s sentencing, and must be corrected. We reverse and remand for correction of the sentencing order in accordance with this opinion.
is the subject of a story today in the Anderson Herald Bulletin:

INDIANAPOLIS -- The sentencing of a convicted robber will return to a Madison County court in a case that goes back 30 years.

The Indiana Court of Appeals ruled last week that David Taylor’s sentence from 1984 could not be tied to another county’s case. Now, Madison Circuit Court will have to sentence him again.

Taylor, then 26, was found guilty by a Madison County jury for one count of felony robbery and one count of felony conspiracy to commit robbery.

On April 10, 1984, Taylor committed a robbery in Madison County at 1:22 a.m. At 4:30 a.m. that same day, he committed another robbery in Johnson County in which he and an accomplice abducted two women and assaulted them.

In Johnson County, Taylor was found guilty of armed robbery, rape, criminal deviate conduct and two counts of criminal confinement. He received an aggregate sentence of 175 years in prison for that case, including a 30-year habitual offender sentence.

He has a scheduled prison release date of 2094. Taylor, now 56, has appealed the sentences previously.

In the recent Madison County appeal, Taylor’s original sentence had been set up to run consecutively “to any other sentences that the defendant may have received or may receive from any other county.”

The appellate court found that Taylor should not have been sentenced in connection to another court’s action, saying the Madison County sentence was illegal and must be “completely excised.”

The case has been sent back to be corrected through Madison Circuit Court.

Posted by Marcia Oddi on October 27, 2014 10:53 AM
Posted to Ind. App.Ct. Decisions