[Download] "Buddy D. Holmes v. State Indiana" by Supreme Court of Indiana No. 879S222 " Book PDF Kindle ePub Free

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Title: Buddy D. Holmes v. State Indiana
Author : Supreme Court of Indiana No. 879S222
Release Date : January 23, 1980
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

Defendant (Appellant) was convicted in a trial by jury of burglary, a class B felony, Ind. Code § 35-43-2-1 (Burns 1979), and sentenced to twenty (20) years imprisonment. The sole issue presented by his direct appeal is whether the sentence imposed upon him is manifestly unreasonable in light of the nature of the offense and the character of the offender. At the time of his trial, Defendant was charged, in the same Information, with being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979). After the jury returned its verdict on the burglary charge, the State and Defendant entered into an agreement whereby the State dismissed the habitual offender charge in exchange for Defendant's acceptance of a twenty (20) year term upon the burglary conviction. At the sentencing hearing, the trial court determined that aggravating circumstances justified the imposition of the twenty (20) year term and sentenced Defendant pursuant to his agreement with the State and Ind. Code § 35-50-2-5 (Burns 1979).[Footnote 1] On appeal, Defendant seeks revision of his sentence under the Rules of Appellate Review of Sentences, asserting that his agreement to the sentence was made under duress and contending that no reasonable person could find the sentence imposed in this particular case appropriate.