Sharp v. State
970 N.E.2d 647
| Ind. | 2012Background
- Defendant Michael E. Sharp was convicted by a jury of two counts of Child Molesting (class A and class C felonies).
- Trial court imposed concurrent 40-year sentence and 6-year sentence, plus lifetime parole and designation as a sexually violent predator and as a credit restricted felon (class IV credit).
- Court also designated credit time as part of the sentence, affecting minimum term; appellate review was sought under Indiana Appellate Rule 7(B).
- Court of Appeals held credit restricted felon status could not be considered in appellate sentence review under Rule 7(B).
- Indiana Supreme Court granted transfer and held that credit time status may be considered in appellate sentence review, while affirming the trial court’s broader sentence based on the nature of the offenses and offender.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether credit restricted felon status may be considered in Appellate Rule 7(B) review | Sharp argues it should be considered as part of the aggregate sentence | State contends credit status is a correctional tool not proper for Rule 7(B) review | Yes; Rule 7(B) review may consider credit restricted status as part of aggregate penal consequences. |
| Whether the totality of penalties justifies the sentence given the offenses | Sentence disproportionate given credits and offender factors | Trial court properly weighed offense and offender characteristics | Sentence not inappropriate in light of nature and offender; affirmed. |
Key Cases Cited
- Davidson v. State, 926 N.E.2d 1023 (Ind. 2010) (penalties and aggregate sentence considerations)
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (aggregate term of incarceration and sentencing discretion)
- Sharp v. State, 951 N.E.2d 282 (Ind.Ct.App.2011) (previous appellate position on credit time in Rule 7 review)