(Download) "Edward Eugene Landaw v. State Indiana" by Supreme Court of Indiana No. 171S5 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Edward Eugene Landaw v. State Indiana
- Author : Supreme Court of Indiana No. 171S5
- Release Date : January 28, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The appellant entered a plea of guilty to entering to commit a felony and was sentenced to a term of not less than one nor more than ten years. Several months after his release on parole, he was returned to prison as a parole violator. He there upon filed a petition for post conviction release seeking to have his sentence set aside and asking for a discharge order. The appellant argued in his petition that his sentence constituted "cruel and unusual punishment" in that it was not proportional to the offense. This point rests on the fact that entering to commit a felony is a lesser included offense of second degree burglary and, as we held in Dembowski v. State (1968), 251 Ind. 250, 240 N.E.2d 815, a lesser included offense cannot carry a greater penalty than the higher offense. In Hobbs v. State (1969), 253 Ind. 195, 252 N.E.2d 498, we had occasion to assess a situation similar to the present one, and there reduced the appellant's sentence from the original one to ten year sentence imposed by the trial court to a sentence of one to five years, holding that the maximum penalty for second degree burglary (five years) cannot be exceeded by the maximum penalty for a lesser included offense of second degree burglary.