Goodlow v. State

Indiana Court of Appeals

Goodlow v. State

319 N.E.2d 866, 162 Ind. App. 510, 1974 Ind. App. LEXIS 867

CourtIndiana Court of Appeals

DecidedDecember 19, 1974

DocketNo. 2-873A186

StatusPublished

Cited by5 cases

This text of 319 N.E.2d 866 (Goodlow v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodlow v. State, 319 N.E.2d 866, 162 Ind. App. 510, 1974 Ind. App. LEXIS 867 (Ind. Ct. App. 1974).

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Opinion

White, J.

Appellant appeals from a post-conviction relief judgment (PC. 1) which reduced his ten to twenty-five year robbery sentence to five to twenty-five years, contending that judicial modification of an unconstitutional statutory penalty to render the statute constitutional is judicial legislation prohibited by Article III, section 1, Constitution of Indiana (separation of powers), and ultimately contending that the imposition of any sentence under the unconstitutional statute is error. Exactly the same argument was rejected in Landaw v. State (1972), 258 Ind. 67, 279 N.E.2d 230; Jacobs v. State (1972), 153 Ind. App. 102, 286 N.E.2d 224; and Davis v. State (1973), 156 Ind. App. 534, 297 N.E. 2d 450.

The judgment is affirmed.

Sullivan, P.J., and Buchanan, J., concur.

Note. — Reported at 319 N.E.2d 866.

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White, J.

Appellant appeals from a post-conviction relief judgment (PC. 1) which reduced his ten to twenty-five year robbery sentence to five to twenty-five years, contending that judicial modification of an unconstitutional statutory penalty to render the statute constitutional is judicial legislation prohibited by Article III, section 1, Constitution of Indiana (separation of powers), and ultimately contending that the imposition of any sentence under the unconstitutional statute is error. Exactly the same argument was rejected in Landaw v. State (1972), 258 Ind. 67, 279 N.E.2d 230; Jacobs v. State (1972), 153 Ind. App. 102, 286 N.E.2d 224; and Davis v. State (1973), 156 Ind. App. 534, 297 N.E. 2d 450.

The judgment is affirmed.

Sullivan, P.J., and Buchanan, J., concur.

Note. — Reported at 319 N.E.2d 866.

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Bluebook (online)

319 N.E.2d 866, 162 Ind. App. 510, 1974 Ind. App. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodlow-v-state-indctapp-1974.

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