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856 N.E.2d 1275

Hines v. State

Indiana Court of Appeals

Decided November 21, 2006

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Indiana Court of Appeals · decided 2006-11-21

Cited by 3 later decisions — most recently August 2016

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-11-21

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DARDEN, Judge,

¶1dissenting.

¶2I must respectfully dissent.

¶3I am deeply troubled by the fact that the trial court had ordered Hines to undergo a psychosexual evaluation and then expressly used the information gained from it when imposing sentence. Further, I find that the nature of Hines' criminal history combined with its significant distance in *1286time from the offense here render that consideration to be marginal for sentencing purposes. Therefore, because we are unable to determine the weight given by the trial court to the evaluation information, I would remand for resentencing wherein the trial court did not consider Hines' admission during the course of the court-ordered evaluation to uncharged misconduct.

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