Even where a trial court has not abused its discretion in sentencing, the Indiana Constitution and Appellate Rule 7(B) authorizes revision of a sentence if it is inappropriate in light of the nature of the offense and the character of the offender.
Criminal
Shoun v. State, No. 20S00-1601-LW-00061, __ N.E.3d __ (Ind., Jan. 25, 2017).
The defendant’s sentence of life without parole (LWOP) is proportional considering the severe nature of the crime and his character.
Baker v. State, No. 49A02-1605-CR-1154, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2017).
When restitution is ordered as a condition of probation, the trial court must inquire as to defendant’s ability to pay, and if ordered to pay for property damages of the victim, it must be based on the actual cost of repair or replacement.
Ellis v. State, No. 71S05-1606-PC-360, __ N.E.3d __ (Ind., Jan. 26, 2017).
A judge may not accept a plea of guilty when the defendant both pleads guilty and maintains his innocence at the same time.
Shepard v. State, No. 84A01-1606-CR-1309, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2017).
Community corrections programs may be managed by counties as well as the Department of Correction, and the trial court properly adopted the program’s disciplinary decision to revoke defendant’s good time credit in the sentencing order.