Preview:

ATTORNEY FOR APPELLANT Jon Aarstad Vanderburgh County Public Defender Agency Evansville, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Maureen Ann Bartolo Deputy Attorney General Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 82S05-0503-CR-112 LEONARD LAMONT FRYE, Appellant (Defendant below), v. STATE OF INDIANA, Appellees (Plaintiff below). _________________________________ Appeal from the Vanderburgh Superior Court, No. 82D02-0302-FB-156 The Honorable Robert J. Pigman, Judge _________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 82A05-0405-CR-245 _________________________________ December 1, 2005 Sullivan, Justice.

On February 6, 2003, Leonard Lamont Frye entered the home of Linda Walker through a window he had broken to gain entry. Walker was not home at the time and Frye was unarmed. Frye took a television set and other items worth approximately $395. The Evansville Police apprehended Frye shortly thereafter.

The State charged Frye with Burglary, a Class B felony; Theft, a Class D felony; and False Informing, a Class B misdemeanor. The State also charged Frye with being a Habitual Offender on the basis of four prior convictions for Burglary, Theft, Intimidation, and Forgery. 1

At trial, a jury found Frye guilty of the Burglary, Theft, and False Informing charges. It also determined that Frye was a Habitual Offender. The trial court sentenced Frye to 15 years incarceration on the Burglary charge, which was enhanced by 25 years for being a Habitual Offender, for a total of 40 years. 2 This sentence was imposed pursuant to the following sentencing parameters in effect at the time: Class B felony: presumptive term of ten years, with not more than ten years added for aggravating circumstances or not more than four years subtracted for mitigating circumstances. Ind. Code

Download Leonard Lamont Frye v. State of Indiana.pdf

Indiana Law