Opinion

Bacher v. State

  • 722 N.E.2d 799
  • 2000 Ind. LEXIS 3
  • 2000 WL 35807
Court
Indiana Supreme Court
Filed
Jan 6, 2000
Status
Published
Author
Rucker
On the bench
Dickson, Shepard, Boehm, Rucker, Sullivan
Cited by
54 cases

explaining that a trial court may properly consider as an aggravating circumstance prior arrests and pending charges not reduced to convictions because they reflect the defendant’s character and indicate a risk of future crime

How later courts described this case

  • explaining that a trial court may properly consider as an aggravating circumstance prior arrests and pending charges not reduced to convictions because they reflect the defendant’s character and indicate a risk of future crime
  • holding that “[b]ecause a single valid aggravating factor is adequate to justify a sentence enhancement, the sentencing court did not abuse its discretion in enhancing the defendant’s sentence”
  • holding when a sentencing court improperly applies an aggravating circumstance, but other valid aggravating circumstances do exist, a sentence enhancement may still be upheld
  • finding a sentence may be upheld despite a single incorrect aggravating factor, if other aggravating factors are present

Written by the judges who cited it.

The opinion

RUCKER, Justice,

dissenting

I respectfully dissent. I am not persuaded the nature of the offense and the character of the offender justify the maximum sentence in this case. I would remand with instructions that the trial court impose a sentence of fifty (50) years.

SULLIVAN, J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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