Thomas K. Jackson v. State of Indiana

Summary

The Indiana Supreme Court granted transfer and reviewed Thomas K. Jackson's enhanced consecutive sentences for three Level 3 felony rape convictions. The court held that exceeding the prosecutor's recommended 27-year aggregate sentence was inappropriate absent more significant aggravating factors, revised the sentence to 27 years with seven years suspended to probation, and remanded for a revised sentencing order.

Holdings

1. A sentence exceeding the twenty-seven-year total advisory sentence recommended by the prosecutor was inappropriate under the circumstances because the record reflected significant mitigating circumstances, including Jackson's lack of criminal history and low risk to reoffend, without sufficiently significant aggravating factors to justify the additional nine years.

Questions Presented

1. Whether consecutive twelve-year sentences totaling thirty-six years were inappropriate under Indiana Appellate Rule 7(B) absent more substantial aggravating factors.

Disposition

vacated