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Published by the Indiana Office of Court Services

Fuller v. State, No. 48S02-1406-CR-364, __N.E.3d__ (Ind., June 2, 2014).

June 6, 2014 Filed Under: Criminal Tagged With: R. Rucker, Supreme

Rucker, J.
In a companion case, today we exercised our constitutional authority and revised the 150-year sentence received by sixteen-year-old Martez Brown for two counts of murder and one count of robbery. Brown v. State, No. 48S02-1406-CR-363, ___ N.E.3d ___ (Ind. 2014). In this case we exercise that same authority to revise the 150-year sentence received by Brown’s cohort, fifteen-year-old Jacob Fuller.
. . . .
In the case of sixteen-year-old Brown we employed our collective sense of what was an appropriate sentence and determined he “should receive an enhanced sentence of sixty years for each count of murder to be served concurrently and an enhanced sentence of twenty years for robbery to be served consecutively, for a total aggregate sentence of eighty years imprisonment.” Brown, No. 48S02-1406-CR-363, slip op. at 10. We believe Fuller is entitled to a sentence revision as well. But we are not inclined to revise Fuller’s sentence to be precisely the same, or even less than that of his cohort. Although only a year older than Fuller, Brown unlike Fuller was an accomplice—a factor that we found particularly important. Instead Fuller was one of the actual shooters. We conclude that Fuller should receive the maximum enhanced sentence of sixty-five years for each count of murder to be served concurrently, and an enhanced sentence of twenty years for robbery to be served consecutively for a total aggregate sentence of eighty-five years imprisonment.
Dickson, C.J., and David, Massa and Rush, JJ., concur.

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