Laster v. State
956 N.E.2d 187
Ind. Ct. App.2011Background
- Anthony Laster and an unidentified accomplice robbed four victims in their Fort Wayne apartment; Laster was linked to the crimes by possession of a stolen Blackberry and victim identifications].
- The victims identified Laster in photographic lineups; his defense claimed the phone was bought by his stepfather but he denied participation in the robbery.
- Before trial, Laster moved for a continuance to locate two potential witnesses (Molly and Avery Wilkens); the court denied the motion.
- Laster was convicted on four counts of class B felony robbery and one count of class B felony burglary, with aggregate sentence of forty years executed.
- On appeal, Laster challenged the continuance denial and the sentence as unwarranted; the court affirmed convictions but remanded to revise the sentence to eight years executed and two suspended on each count for a total of thirty-two years executed and eight suspended.
- The case discusses continuance standards under Elmore and appellate review of sentencing under Anglemyer and related Indiana authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a continuance was an abuse of discretion | Laster asserts continuance was required to investigate new witnesses. | State contends Molly Wilkens lacked credibility and locating them was unlikely. | No abuse; denial within discretion given lack of material likelihood to locate witnesses. |
| Whether the sentence is inappropriate given the offenses and offender | Laster argues aggregate time is excessive given circumstances and minor prior record. | State argues consecutive sentences justified by multiple victims and weapon use. | Partially inappropriate; remanded to reduce to eight years executed and two suspended per count, with consecutive robbery sentences and concurrent burglary. |
| Whether the court properly identified mitigating and aggravating factors | Court properly weighed factors; but sentence reduction appropriate under appellate review. |
Key Cases Cited
- Vaughn v. State, 590 N.E.2d 134 (Ind. 1992) (continuance right when witness absence is material and unavailability is shown)
- Elmore v. State, 657 N.E.2d 1216 (Ind.1995) (criteria for continuance affidavits and due diligence requirements)
- Knight v. State, 930 N.E.2d 20 (Ind. 2010) (considerations in reducing sentences for young offenders with some rehabilitation potential)
- Sanchez v. State, 938 N.E.2d 720 (Ind.2010) (consecutive sentences justified by multiple victims but aggregate time may be adjusted)
- King v. State, 894 N.E.2d 265 (Ind.Ct. App.2008) (independent appellate review of sentence for appropriateness)
- Cardwell v. State, 895 N.E.2d 1219 (Ind.2008) (focus on aggregate sentence in mixed offenses)
- Kemp v. State, 887 N.E.2d 102 (Ind.Ct.App.2008) (reduction of sentences to meet restitution goals)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (principles for reviewing sentence under Indiana Appellate Rule 7(B))
