(DOWNLOAD) "Robert Lee Aikins v. State Indiana" by Supreme Court Of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Robert Lee Aikins v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 06, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Petitioner (Appellant) was convicted of dealing in cocaine, a class A felony, and was sentenced to thirty (30) years imprisonment. His conviction was affirmed by this Court in Marts v. State (1982), Ind., 432 N.E.2d 18. He subsequently filed his petition for post-conviction relief, alleging that his sentence was "erroneous and in violation of the U.S. Constitution, 8th Amendment and the Indiana Constitution, Art. 1, § 16." He supports this claim by arguing that he "received a sentence. .. [of] thirty (30) years--while offenders in other jurisdictions received far less prison time and offenders in this jurisdiction received far less prison time for more serious offenses." Thereafter, the State of Indiana, in its answer to the petition, admitted the allegations therein, and the Petitioner and the State, by Jeffery Lantz, prosecuting attorney, stipulated that the "petition should be granted and the Court should enter a new judgment. .. convicting the defendant of Dealing in Cocaine, a Class B Felony, and a sentence of imprisonment of six (6) years should be imposed with credit of time served heretofore." Subsequently a pre-trial conference was held, and the trial court, thereafter, denied the petition, finding, among other things, that the Petitioner was barred from raising the issue by res judicata. Petitioners appeal from the denial of post-conviction relief presents three (3) issues for our review, as follows: