Edgardo A. Henriquez v. State of Indiana
2016 Ind. App. LEXIS 289
| Ind. Ct. App. | 2016Background
- Henriquez was convicted by a jury of Class A felony child molesting and sentenced to 40 years, with 10 years suspended to probation.
- At sentencing the trial court recited the statutory language of Indiana Code § 35-38-1-1(b) but did not provide specific earliest or maximum release dates.
- Henriquez appealed, arguing the trial court was required to state specific earliest and latest possible release dates.
- The majority considered statutory interpretation principles and practical difficulties in calculating precise release dates at sentencing.
- The majority concluded that trial courts are not equipped to determine exact release dates and that any error in failing to provide dates was harmless because Henriquez did not show harm.
- The court affirmed the sentence but urged the legislature to revisit the statutory advisement requirement; Judge Baker dissented, arguing the statute is mandatory and remand for a compliant advisement was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was required to state specific earliest and maximum release dates at sentencing under Ind. Code § 35-38-1-1(b) | Henriquez: statute requires specific minimum and maximum release dates, not mere recitation | State: recital of statutory language complies; exact dates are impracticable and any omission harmless | Majority: statutory recital alone sufficient; precise dates impracticable for trial courts; omission harmless where no shown prejudice; judgment affirmed (dissent would remand) |
Key Cases Cited
- George v. Nat’l Collegiate Athletic Ass’n, 945 N.E.2d 150 (Ind. 2011) (statutory interpretation principles)
- Gargano v. Lee Alan Bryant Health Care Facilities, Inc., 970 N.E.2d 696 (Ind. Ct. App. 2012) (avoid interpretations rendering statutory text meaningless)
- Hines v. State, 856 N.E.2d 1275 (Ind. Ct. App. 2006) (noting difficulty of trial courts in calculating precise release dates)
- Simons v. State, 54 N.E.3d 445 (Ind. Ct. App. 2016) (harmless error doctrine in sentencing context)