# Bacher v. State

> Indiana Supreme Court · January 6, 2000 · 722 N.E.2d 799

URL: https://www.frixlaw.com/law-library/cases/9505645

## Case

- **Full name:** John R. BACHER, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee
- **Court:** Indiana Supreme Court
- **Decided:** January 6, 2000
- **Citations:** 722 N.E.2d 799; 2000 Ind. LEXIS 3; 2000 WL 35807
- **Precedential status:** Published
- **Opinion:** Dissent by Rucker
- **Judges:** Dickson, Shepard, Boehm, Rucker, Sullivan
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9505645

## How later opinions describe it (automated extraction)

- 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
- noting fact that defendant was in a “position of trust” with the victim was a valid aggravating circumstance

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9505645. Public record. Not legal advice.