@Niner Update on his sentencing
03/04/2022 = Judgment
Judicial Officer:Warner Sims, Angela G.
01. Neglect of a Dependent Resulting in Death but resulting in death AND def. is at
• Plea Guilty
02. Invasion of Privacy-Violates a no contact order issued
•
Dismissed Without Prejudice
03. : Resisting Law Enforcement def. knowingly or intentionally forcibly resists, o
•
Dismissed Without Prejudice
04. Possession of Marijuana
• Plea Guilty
05. Possession of Paraphernalia
• Plea Guilty
06. Habitual Offender
• Plea Guilty
07. Murder
•
Dismissed Without Prejudice
08. Life Without Parole Enhancement
•
Dismissed Without Prejudice
03/04/2022 = Sentenced
1. Neglect of a Dependent Resulting in Death but resulting in death AND def. is at
Confinement to Commence: 03/04/2022
Indiana Department of Correction
Term: 40 Yr
03/04/2022 = Sentenced
4. Possession of Marijuana
Confinement to Commence: 03/04/2022
Indiana Department of Correction
Term: 180 Days
03/04/2022 = Sentenced
5. Possession of Paraphernalia
Confinement to Commence: 03/04/2022
Indiana Department of Correction
Term: 60 Days
03/09/2022 = Hearing Journal Entry
This matter comes before the Court for sentencing hearing. State appears by Deputy Prosecutor, Jesse Miller, in person. Defendant appears in the custody of the Madison County Sheriff and by counsel, Mark Nicholson, in person. Defendant is sworn & examined as to the Pre-Sentence Investigation Report. Defendant indicates a change of plea without the benefit of a plea agreement as to Count VI: Habitual Offender. State presents summary of evidence. Defendant, age 29, pleads guilty to Count VI: Habitual Offender. Plea of guilty accepted, judgment and conviction entered. Sentencing hearing held. For Count I: Neglect of a Dependent Resulting in Death, a Level 1 Felony, the Defendant is sentenced to Indiana Department of Corrections for a period of 40 years. For Count IV: Possession of Marijuana, a Class B Misdemeanor, the Defendant is sentenced to Madison County Detention Center for a period of 180 days. For Count V: Possession of Paraphernalia, a Class C Misdemeanor, the Defendant is sentenced to Madison County Detention Center for a period of 60 days. For Count VI: Habitual Offender, the Defendant is sentenced to Indiana Department of Corrections for a period of 12 years. Counts I, IV, and V run concurrently to each other. Count VI enhances count I for a total sentence of 52 years. Credit for 1219 accrued days (MCJ: 11/1/2018-3/3/2022) plus earned credit of 407 days. Defendant and Counsel acknowledge the accuracy of the accrued credit time as reported in open court. 52 years are ordered served at the Department of Corrections. Abstract of Judgment issued. Fees and costs assessed against the Defendant: court costs $185. Defendant is advised of their right to appeal. Defendant indicates they do wish to appeal. Notice to be sent to Chief Administrative Public Defender, Bryan Williams, to appoint counsel to perfect an appeal in this matter. Further, State indicates a formal Motion to Dismiss counts II, III, VII, and VIII will be filed with the Court. Defendant is remanded back into the custody of the Sheriff. JUDGMENT. SENTENCING ORDER ISSUED. (kb)
Judicial Officer:Warner Sims, Angela G.
Present:State of Indiana
Present:Wootton, Jacob Stephen
Present:Turner, Vivian
Present:Miller, Jesse Robert
Present:Nicholson, Mark Wayne
Present:Madison Probation Team 1
Hearing Date:03/04/2022
03/09/2022 = Abstract of Judgment Sent to DOC
Date Signed: 03/04/2022
03/10/2022 = Motion to Dismiss Filed
State's Motion to Dismiss Without Prejudice received and filed. Referred to Judge for review.
Filed By: State of Indiana
File Stamp: 03/10/2022
03/10/2022 = Order Granting Motion to Dismiss
Comes now the Court, having received the State's Motion to
Dismiss Without Prejudice, and hereby GRANTS said request and ORDERS that the remaining Counts of the Amended Information filed on October 24, 2019 - Count 2, Invasion of Privacy; Count 3, Resisting Law Enforcement; Count 7, Murder; and Life Without Parole are hereby dismissed without prejudice. (kb)
Order Signed:03/10/2022
03/10/2022 = Notice Issued to Parties
Come now the Chief Administrative Public Defender, Bryan Williams, and appoints Mario Massillamany to represent Defendant on appeal. (kb)
03/10/2022 = Indigent Counsel Appointed For Appeal
