inappropriate sentence analysis (Indiana) · Go Syfert
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inappropriate sentence analysis in Indiana

27 Indiana opinions name it 1 courts 2008–2023 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
King v. Stategreen
indctapp · 2008 · cited in 17 Indiana opinions naming this issue, 2013–2017
2 sentences

2017Accordingly, “an inappropriate sentence analysis does not involve an argument that the trial court abused its discretion in sentencing the defendant.” Id. [17] With respect to Whittington’s argument concerning the trial court’s consideration of aggravating and mitigating factors, we note that sentencing decisions rest within the sound discretion of the trial court.

2017“Additionally, a defendant 1 “An inappropriate sentence analysis does not involve an argument that the trial court abused its discretion in sentencing the defendant.” King v. State, 894 N.E.2d 265, 267 (Ind. Ct. App. 2008).

1417
Anglemyer v. Stategreen
ind · 2007 · cited in 6 Indiana opinions naming this issue, 2008–2017
2 sentences

2017Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), clarified on reh’g, 875 N.E.2d 218 .

2015Anglemyer, 868 N.E.2d at 491 ; see also King v. State, 894 N.E.2d 265, 267 (Ind. Ct. App. 2008) (observing that “an inappropriate sentence analysis does not involve an argument that the trial court abused its discretion in sentencing the defendant”).

46
Allen v. Stategreen
indctapp · 2007 · cited in 2 Indiana opinions naming this issue, 2016–2023
2 sentences

2023See Allen v. State, 875 N.E.2d 783 , 788 n. 8 (Ind. Ct. App. 2007).

2016See Allen v. State, 875 N.E.2d 783 , 788 n.8 (Ind. Ct. App. 2007).

22
Cornelius Hines v. State of Indianagreen
ind · 2015 · cited in 2 Indiana opinions naming this issue, 2017–2018
2 sentences

2018Hines v. State, 30 N.E.3d 1216, 1225 (Ind. 2015).

2017Hines v. State, 30 N.E.3d 1216, 1225 (Ind. 2015).

22
Anglemyer v. Stategreen
ind · 2007 · cited in 4 Indiana opinions naming this issue, 2016–2020
2 sentences

2020Accordingly, “an inappropriate sentence analysis does not involve an argument that the trial court abused its discretion in sentencing the defendant.” Id.

2017Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), clarified on reh’g, 875 N.E.2d 218 .

14
Daniel E. Messel v. State of Indianagreen
indctapp · 2017 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018Messel v. State, 80 N.E.3d 230, 233 (Ind. Ct. App. 2017), trans. denied. [7] Taylor argues that the trial court abused its discretion by sentencing him to the entirety of the previously suspended sentences in the probation cases.

11
David J. Harman v. State of Indianagreen
indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2017–2017
1 sentence

2017King v. State, 894 N.E.2d 265, 267 (Ind. Ct. App. 2008); see also Harman v. State, 4 N.E.3d 209, 218 (Ind. Ct. App. 2014), trans. denied.

11
Reid v. Stategreen
ind · 2007 · cited in 1 Indiana opinions naming this issue, 2008–2008
1 sentence

2008Although a trial court may have acted within its lawful discretion in imposing a sentence, Article VII, Sections 4 and 6 of the Indiana Constitution authorize independent appellate review and revision of sentences through Appellate Rule 7(B), which provides that a court “may revise a sentence authorized by statute if, after due consideration of the trial court’s decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.” Reid v. State, 876 N.E.2d 1114, 1116 (Ind.2007) (citing Anglemyer, 868 N.E.2d at 491 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Frye v. State green
ind · 2005
1 sentence

2019The Court stated as follows: While we do not condone Frye’s past or current violations of the law, we cannot conclude that those transgressions even when aggregated demonstrate a character of such recalcitrance or depravity to justify a sentence of 40 years. 837 N.E.2d at 1015 .

12019–2019
Sterlen Shane Keller v. State of Indiana green
indctapp · 2013
1 sentence

2016Here, the trial court sentenced Forrest to two years for his Class D felony conviction and sixty-five days for his Class C misdemeanor conviction and ordered the sentences to be served concurrently for a total sentence of two years executed. 3 To the extent Forrest argues that the sentence or mitigators should be reviewed for an abuse of discretion, “‘an inappropriate sentence analysis does not involve an argument that the trial court abused its discretion in sentencing the defendant.’” Keller v. State, 987 N.E.2d 1099 , 1121 n.11 (Ind. Ct. App. 2013) (quoting King v. State, 894 N.E.2d 265, 26

12016–2016
Gleason v. State green
indctapp · 2012
1 sentence

2013Gleason v. State, 965 N.E.2d 702 (Ind. Ct. App. 2012).

12013–2013

Statutes the citing opinions construe

IN § Ind. Code § 35-50-2-7 (9) IN § Ind. Code § 35-43-2-1 (5) IN § Ind. Code § 35-50-2-5 (4) IN § Ind. Code § 35-50-2-6 (4) IN § Ind. Code § 35-48-4-6 (3) IN § Ind. Code § 35-50-1-2 (3) IN § Ind. Code § 35-50-2-4 (3) IN § Ind. Code § 35-50-3-2 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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