Opinion

Bethea v. State

  • 964 N.E.2d 255
  • 2012 Ind. App. LEXIS 113
  • 2012 WL 926062
Court
Indiana Court of Appeals
Filed
Mar 20, 2012
Status
Published
Author
May
On the bench
Crone, Brown
Cited by
5 cases

The opinion

MAY, Judge,

concurring in result.

I do not share Judge Crone’s position that Farmer and Roney misapplied precedent and should not be followed; I believe the reasoning in those decisions is sound and that they are directly applicable to Bethea’s sentencing. I therefore agree with the dissent that the sentencing court should not have circumvented Bethea’s plea agreement by enhancing his sentence based on conduct that was the subject of charges the State had dismissed in order to obtain Bethea’s guilty plea.

However, I believe there were sufficient proper aggravators before the sentencing court to permit Bethea’s sentence despite the Farmer/Roney violation. I therefore respectfully concur in the result.

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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