Owens v. State, No. 980S366

Docket NºNo. 980S366
Citation419 N.E.2d 969, 275 Ind. 677
Case DateApril 30, 1981
CourtSupreme Court of Indiana

Page 969

419 N.E.2d 969
275 Ind. 677
Thomas OWENS, Appellant (Petitioner below),
v.
STATE of Indiana, Appellee (Respondent below).
No. 980S366.
Supreme Court of Indiana.
April 30, 1981.

Page 970

Harriette Bailey Conn, Public Defender, Carr L. Darden, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The petitioner is before this Court appealing from the denial of his petition for Post-Conviction Relief, Rule 1. His conviction for kidnapping and assault and battery with intent to commit a felony (rape) was affirmed by this Court on direct appeal. Owens v. State, (1978) 268 Ind. 326, 375 N.E.2d 203.

[275 Ind. 678] Petitioner presents the following issue for our review: whether the trial court erred in refusing to modify his sentence to conform to the ameliorative terms of present kidnapping or criminal confinement statutes.

At the time petitioner was charged, convicted, and sentenced, the crime of kidnapping as then defined carried a punishment of life imprisonment. Subsequently, our legislature, in its substantial revision of our Criminal Code, redefined the crime of kidnapping. Carved from the previous statutory definition was the offense of "criminal confinement," Ind.Code § 35-42-3-3 (Burns 1979 Repl.), punishable by a significantly less severe penalty than the life imprisonment previously imposed for such conduct.

The conduct for which defendant was convicted falls within the parameters of the offense presently defined as criminal confinement. That evidentiary fact, petitioner maintains, entitles him to a modification of his life imprisonment sentence to conform to the ameliorative terms of the present criminal confinement statute.

Defendant's contention has twice been rejected by this Court. Watford v. State, (1979) Ind., 384 N.E.2d 1030; Holsclaw v. State, (1979) Ind., 384 N.E.2d 1026. In Watford, we held that a defendant whose judgment for kidnapping became final prior to October 1, 1977, the effective date of the criminal confinement statute, was not entitled to have his sentence modified. Similarly, in Holsclaw, we held that a defendant sentenced nearly one year prior to the effective date of an amendment reducing the penalty for his offense was not entitled to a reduction of his sentence.

Here, petitioner was sentenced on October 24, 1975, nearly two years prior to the effective date (October 1, 1977) of...

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8 practice notes
  • Games v. State, No. 185
    • United States
    • Indiana Supreme Court of Indiana
    • March 14, 1989
    ...267 Ind. 445, 370 N.E.2d 907; Combs v. State, (1973) 260 Ind. 294, 295 N.E.2d 366. In short, there is no requirement of consistency. 419 N.E.2d at 969. Likewise, in the instant case, Tillberry received a fifty-five-year sentence pursuant to a negotiated plea agreement. Tillberry's sentence ......
  • Hill v. State, No. 1084S399
    • United States
    • Indiana Supreme Court of Indiana
    • November 17, 1986
    ..."that when the defendant proceeds to trial and his accomplice pleads guilty, the sentences need not be identical." Id., 419 N.E.2d at 969. Therefore, while leniency in sentencing is constitutionally permissible as an incentive for an otherwise proper plea of guilty, a more severe ......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...statutory change does not apply and the defendant is not entitled to have his sentence modified. Owens v. State, (1981) Ind., 419 N.E.2d 969; Watford v. State, (1979) 270 Ind. 262, 384 N.E.2d 1030. We have similarly held that sentencing under the law in effect at the time a crime was commit......
  • Hunter v. Clark, No. 89-2594
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 17, 1990
    ...definition" of kidnapping, and is "punishable by a significantly less severe penalty" than kidnapping. Owens v. State, 419 N.E.2d 969, 970 2 In Gross the Indiana Supreme Court appeared to base its holding upon the Fifth Amendment to the United States Constitution. See 306 N.E......
  • Request a trial to view additional results
8 cases
  • Games v. State, No. 185
    • United States
    • Indiana Supreme Court of Indiana
    • March 14, 1989
    ...267 Ind. 445, 370 N.E.2d 907; Combs v. State, (1973) 260 Ind. 294, 295 N.E.2d 366. In short, there is no requirement of consistency. 419 N.E.2d at 969. Likewise, in the instant case, Tillberry received a fifty-five-year sentence pursuant to a negotiated plea agreement. Tillberry's sentence ......
  • Hill v. State, No. 1084S399
    • United States
    • Indiana Supreme Court of Indiana
    • November 17, 1986
    ...964, we stated "that when the defendant proceeds to trial and his accomplice pleads guilty, the sentences need not be identical." Id., 419 N.E.2d at 969. Therefore, while leniency in sentencing is constitutionally permissible as an incentive for an otherwise proper plea of guilty, a more se......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • April 13, 1983
    ...statutory change does not apply and the defendant is not entitled to have his sentence modified. Owens v. State, (1981) Ind., 419 N.E.2d 969; Watford v. State, (1979) 270 Ind. 262, 384 N.E.2d 1030. We have similarly held that sentencing under the law in effect at the time a crime was commit......
  • Hunter v. Clark, No. 89-2594
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 17, 1990
    ...previous statutory definition" of kidnapping, and is "punishable by a significantly less severe penalty" than kidnapping. Owens v. State, 419 N.E.2d 969, 970 2 In Gross the Indiana Supreme Court appeared to base its holding upon the Fifth Amendment to the United States Constitution. See 306......
  • Request a trial to view additional results

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