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Tuesday, April 25, 2006
Ind. Decisions - Court of Appeals decides one today
In Nicholas Biddinger v. State of Indiana, a 14-page opinion, Judge Baker writes:
Appellant-defendant Nicholas Biddinger appeals from the sentence imposed by the trial court after Biddinger pleaded guilty to one count of Aggravated Battery,1 a class B felony. In particular, Biddinger argues that the trial court erred in: (1) refusing to permit him to make a statement in allocution; (2) considering the type of gun and ammunition Biddinger used in committing the crime as an aggravating circumstance when it was lawful for him to own and possess them; (3) overlooking the fact that Biddinger suffered from post-traumatic stress disorder (PTSD) as a mitigator; and (4) imposing a sentence that is inappropriate in light of the nature of the offense and his character.We conclude that the trial court erred in considering the type of weapon and ammunition that Biddinger used in committing the instant offense as an aggravating circumstance. We also conclude that the trial court should have considered Biddinger’s PTSD to be a mitigator. But because the trial court sentenced Biddinger to the minimum amount of executed time permitted by the plea agreement—ten years—we do not have authority to reduce his sentence. Consequently, we affirm the judgment of the trial court.
Posted by Marcia Oddi on April 25, 2006 11:48 AM
Posted to Ind. App.Ct. Decisions