# Hines v. State

> Indiana Court of Appeals · November 21, 2006 · 856 N.E.2d 1275

URL: https://www.frixlaw.com/law-library/cases/9739304

## Case

- **Full name:** Ronald Troy HINES, Appellant-Defendant, v. STATE of Indiana, Appellee
- **Court:** Indiana Court of Appeals
- **Decided:** November 21, 2006
- **Citations:** 856 N.E.2d 1275; 2006 Ind. App. LEXIS 2378; 2006 WL 3361375
- **Precedential status:** Published
- **Opinion:** Dissent by Darden
- **Judges:** Sullivan, Kirsch, Darden
- **Cited by:** 17 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/9739304

## How later opinions describe it (automated extraction)

- holding that the trial court had discretion to prohibit defendant from residing within one mile of the victim given the statutory authority to prohibit direct or indirect contact with an individual
- finding that the defendant was in a position of trust with the victim, who was spending the night with the defendant’s daughter at the time of the molestation
- finding no abuse of discretion where the trial court considered the defendant’s position of trust with the victim to be an aggravating circumstance
- finding no abuse of discretion where the trial court’s rejected the defendant’s childhood history mitigator

## Opinion text

DARDEN, Judge,
dissenting.
I must respectfully dissent.
I am deeply troubled by the fact that the trial court had ordered Hines to undergo a psychosexual evaluation and then expressly used the information gained from it when imposing sentence. Further, I find that the nature of Hines' criminal history combined with its significant distance in *1286 time from the offense here render that consideration to be marginal for sentencing purposes. Therefore, because we are unable to determine the weight given by the trial court to the evaluation information, I would remand for resentencing wherein the trial court did not consider Hines' admission during the course of the court-ordered evaluation to uncharged misconduct.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9739304. Public record. Not legal advice.