Victor Karp v. State of Indiana

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ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Leanna Weissmann Lawrenceburg, Indiana Gregory F. Zoeller Attorney General of Indiana Paula J. Beller Deputy Attorney General Indianapolis, Indiana ______________________________________________________________________________ FILED In the Indiana Supreme Court Oct 25 2016, 2:45 pm CLERK Indiana Supreme Court Court of Appeals and Tax Court _________________________________ No. 15S04-1610-CR-555 VICTOR KARP, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Dearborn Superior Court, No. 15D01-1412-F4-71 The Honorable Jonathan N. Cleary, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 15A04-1601-CR-32 _________________________________ October 25, 2016 Per Curiam. After declining to plead guilty and receive a sentence capped at twenty years, Victor Karp was convicted by a jury of Level 4 felony burglary and was found to be a habitual offender. The trial court sentenced Karp to an aggregate term of twenty-four years. Karp appealed, contending among other things that the trial court abused its discretion in sentencing him. Specifically, Karp argued the trial court sentenced Karp more harshly because he exercised his constitutional right to a jury trial. The Court of Appeals affirmed Karp’s conviction and sentence. Karp v. State, No. 15A041601-CR-32 (Ind. Ct. App. 2016). In so doing, the court found Karp’s sentencing argument “specious and not supported by cogent reasoning.” Id. at 6. While we agree with our colleagues’ ultimate resolution of the sentencing issue and the case as a whole, we do not share their assessment of Karp’s sentencing argument. Accordingly, we grant transfer and summarily affirm the Court of Appeals opinion pursuant to Indiana Appellate Rule 58(A), with the exception of the abovequoted passage, which is hereby vacated. Rush, C.J., and Rucker and David, JJ., concur. Massa and Slaughter, JJ., concur in result.

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