"statutory advisement'. But the sentence range is 1-6 years. And it was pled down from a Level 3 Battery, which carried a 3 to 16 year sentence.
With his history, it should never have been pled down. Judges are to blame - as well as parole boards - for going easy on habitual criminals. Sticate law would be fine if felons were actually convicted of the original charges. And don't give me any bullshit about doing it to get a conviction. One look at this guy and a jury would easily have convicted him ofa Level 3. 5 PREVIOUS INDIANA CRIMINAL CASES INITIALLY CHARGED AS FELONIES. In a 3 year timeframe.
Whatever happened to a lifetime sentence for being a 3-time loser?
From mushroomgod1's post above.
He was originally charged in LaPorte Co. with a Level 3 Battery ('Aggravated Battery inflicting injury causing serious permanent impairment') which would have carried a sentence of between 3 and 16 years, with an advisory ('presumptive') sentence of 9 years. He plead to a Level 5 Battery which carries a sentence of 1-6 years, with an advisory sentence of 3 years.
He had 5 previous Indiana criminal cases initially charged as felonies, all in the 2010-12 time frame, including 2 Burglaries, a Domestic Battery, a Forgery, and a RSP & RLE combo. I didn't check to see how many of those resulted in felony convictions. With the Level 3 charge, he could have been charged as an habitual offender with two prior unrelated convictions with at least one not being a Level 6 or D Felony. I don't know if he qualified for that charge, or it just wasn't pursued.
The Probable Cause Affidavit says he stabbed a rival gang member 21 times about the head, chest, and arms...however, he was treated and released with only stitches. There does not seem to have been any self-defense claim available.
Its all on mycase indiana for those interested.