MALENCHIK v. STATE

No. 79S02-0908-CR-365.

928 N.E.2d 564 (2010)

Anthony MALENCHIK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 9, 2010.


Attorney(s) appearing for the Case

Michael B. Troemel, Lafayette, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Henry A. Flores, Jr., Deputy Attorney General, Indianapolis, IN, Patrick Harrington, Tippecanoe County Prosecuting Attorney, Lafayette, IN, Attorneys for Appellee.

Joel M. Schumm, IU School of Law-Indianapolis, Bryan H. Babb, Bose McKinney & Evans LLP, James J. Bell, Bingham McHale, LLP, Fred R. Biesecker, Ice Miller LLP, Carol A. Nemeth, Price Waicukauski & Riley LLC, Geoffrey G. Slaughter, Taft Stettinius & Hollister LLP, Indianapolis, IN, Attorneys for Amicus Curiae Indianapolis Bar Association, Criminal Justice and Appellate Practice Sections.

Larry Landis, Executive Director, Indiana Public Defender Council, Indianapolis, IN, Attorney for Amicus Curiae Indiana Public Defender Council.

Richard J. Hertel, Chairman, Indiana Prosecuting Attorneys Council, Versailles, IN, Stephen J. Johnson, Executive Director, Indiana Prosecuting Attorneys Council, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Prosecuting Attorneys Council.

Jane A. Seigel, Jennifer A. Bauer, Michelle C. Goodman, Indiana Judicial Center, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Judicial Center.

Susan K. Carpenter, Public Defender of Indiana, Steven H. Schutte, Deputy Public Defender, Kathleen Cleary, Deputy Public Defender, Public Defender of Indiana, Indianapolis, IN, Attorneys for Amicus Curiae Public Defender of Indiana.


On Transfer from the Indiana Court of Appeals, No. 79A02-0902-CR-133

DICKSON, Justice.

Following his plea of guilty to Receiving Stolen Property, a class D felony, and his admission to being a Habitual Offender, the defendant was sentenced to a total of six years, with two years suspended. The defendant appeals his sentence and presents two claims: (1) the trial court erroneously considered as an aggravating circumstance the numerical scores reported by...

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