Rodney J. McGuire v. State of Indiana
2017 Ind. LEXIS 555
Ind.2017Background
- Rodney McGuire pleaded guilty to one count of Class A child molesting in exchange for dismissal of five other counts; victim was under 12 and abuse began when he was 8–9.
- At plea and sentencing, the parties and trial court believed the statutory sentencing range was 30–50 years; the court imposed a 40-year executed sentence.
- The parties later agreed the correct statutory range was 20–50 years with a 30-year advisory term under Ind. Code § 35-50-2-4 (2012).
- The Court of Appeals affirmed, reasoning that, even if the court misstated the minimum, it could say with confidence the trial court would have imposed the same 40-year sentence and thus denied relief.
- The Indiana Supreme Court granted transfer, concluded the minimum remained 20 years (the trial court’s assumption was erroneous), and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s mistaken belief about the statutory minimum sentence requires remand for resentencing | McGuire: Trial court misunderstood the statutory minimum (it is 20 yrs), so sentence must be vacated and remanded | State: Any error was harmless because the court would have imposed the same 40-yr sentence; no remand needed | Court: Error in understanding the minimum was not harmless; remand for resentencing required |
| Whether Indiana Code § 35-50-2-2(i) effectively raised the minimum to 30 years by limiting suspension | McGuire: The statute does not change the statutory minimum sentence | State: The statute permitting suspension only above 30 years supports the view that 30 was the practical minimum | Court: The suspension rule does not alter the statutory minimum; the minimum remained 20 years |
Key Cases Cited
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standards for reviewing and remanding for sentencing errors)
- Anglemyer v. State, 875 N.E.2d 218 (Ind. 2007) (clarification on sentencing-review framework)
- Miller v. State, 943 N.E.2d 348 (Ind. 2011) (statutory suspension rules do not change statutory minimum sentences)