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eBook details

• Title: Fred S. Mott v. State Indiana
• Author : Supreme Court Of Indiana
• Release Date : January 18, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

On July 26, 1978, Appellant Mott was charged with Rape Whiel Armed with a Deadly Weapon, a Class A Felony, and Unlawful Deviate Conduct, a Class B Felony. He entered into a Plea Bargain Agreement and Disclosure on September 11, 1978, in which he agreed to serve an executed sentence of thirty (30) years on the charge of Rape With A Deadly Weapon. It was also agreed that he and the prosecutor would be free to argue for probation or incarceration on the charge of Deviate Sexual Conduct. The prosecutor agreed not to file a Habitual Offender charge or other charges arising from the incidents. A hearing was had on September 11, 1978, and the trial court accepted defendants plea of guilty on each charge. A pre-sentence report was filed and on October 10, 1978, the trial court sentenced defendant to thirty (30) years for Rape While Armed with a Deadly Weapon and twenty (20) years for Deviate Sexual Conduct, with the sentences to be served consecutively. Appellant claims that the sentencing provision under which he was sentenced is invalid, that the trial court erred in imposing the maximum penalty for the Class B felony, and that the trial court committed a fundamental error by recommending that the sentences be imposed without benefit of parole.

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