CONVICTION OVERTURNED IN - Man Guilty of Multiple Charges Against Elderly Woman Wins Appeal - 21 June 2021

[FrostedGlass]

Elkhart, IN

Appeals court says sentence too harsh for armed home invasion

The headline in the above article is misleading but it's a good read otherwise. This appeal is about the judge's failure to abide by the terms of the plea deal, along with a couple of other issues. IMO cases like this and headlines like this are what causes people to lose trust in MSM and the justice system.

Michael Middaugh Sr., 51, was sentenced in September 2020 after pleading guilty to burglary and criminal confinement while armed with a deadly weapon, Level 2 and Level 3 felonies, as well as sexual battery under threat of deadly force, a Level 4 felony. He also admitted to a habitual offender enhancement. Middaugh’s plea agreement provided for a thirty-year cap on any originally-imposed executed sentence.
He ended up with a 78 year sentence. He also got a life term of probation on one of the charges.

Indiana Supreme Court public access case search - MyCase
Original case # 20D03-2003-F2-000005
Appeal # 20A-CR-01777

Some notes on the sentences from the appeal decision:

Once a trial court accepts a plea agreement, it is “precluded from imposing any sentence other than [that] required by the plea agreement.”

The trial court imposed a thirty-year sentence for Middaugh’s Level 2 felony burglary conviction and enhanced that sentence by twenty years for being an habitual offender. This fifty-year sentence was in contradiction to the express terms of Middaugh’s plea agreement. The fact that the trial court stated at Middaugh’s sentencing hearing that it was suspending the habitual offender enhancement did not alleviate the error because an habitual offender enhancement cannot be suspended.

Upon remanding, we note the following sentencing principles. “Habitual offender is a status that results in an enhanced sentence. It is not a separate crime and does not result in a consecutive sentence.”

Lastly, we are aware of no authority permitting a trial court to place a defendant on probation for a lifetime as part of a sentence for a Level 3 felony criminal confinement.

CONCLUSION:
Based on the foregoing, we hold that the trial court erred when it sentenced Middaugh outside of the express terms of his plea agreement. [16] Reversed and remanded for resentencing consistent with this opinion.

 

[FrostedGlass]

This is a really bad guy and IMO deserved everything the court threw at him. However, sentencing must be fair and within the law.

How did something like this get by the attorneys who worked to put the plea deal together? Don't they have the ability to stop a judge from going off the tracks? None of them were new to the courts... not the judge, not the prosecution and not the defense. If the judge did not like the plea bargain, I believe she had the option to reject it. It astounds me that the judge could so blatantly disregard the terms of the plea.

The IN Court of Appeals noted this in its decision: "Given our disposition, we need not address Middaugh’s specific appellate arguments." IMO, they did need to address that argument, which was if it was proper to make the charges run consecutive instead of concurrent.

This case comes out of the same Elkhart Co courts in which a murder conviction was overturned
CONVICTION OVERTURNED - IN - Helen Sailor Murdered in Elkhart, 11/29/2002 *Guilty*

The same Elkhart Co courts where Keith Donnell Cooper spent years in prison for a crime he didn't commit and was finally pardoned by Gov. Holcomb in 2017.
https://www.in.gov/gov/files/Executive-Order-17-12-Cooper_2.pdf

The same Elkhart Co courts where 2 young men were sentenced to life in prison and years, which will amount to his life, for murder based solely on the testimony of drug addicts, F2 drug dealers, a jailhouse snitch with a looong record and a drug dealer who was accused of rape by the victim before she was killed.
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*

 

[FrostedGlass]

Digging deeper on this guy. Hopefully Marshall County will pick up where Elkhart Co left off and Middaugh will be put away for the rest of his life. He had been released from Indiana DOC on the child molesting charge for about 5 months when he raped this woman.
Indiana Offender Database Search

Elkhart man arrested, charged with rape of Amish woman
[snip]
Middaugh stopped at a farmhouse near Bremen and knocked on the door. A woman, who was home along with her 2-year-old child, answered. Middaugh, according to the affidavit, asked the woman for directions to Wakarusa. He then asked her to write them down, which she did. When she handed the directions to him, he grabbed her and placed her head against the siding of the home, while holding a knife to her throat, the affidavit reads.

He then took her inside the home and demanded money, which she gave to him, investigators said in the statement. He then used zip ties to tie her up and then repeatedly raped her while her child was nearby, according to the affidavit.

The woman believes he was in the house for about a half hour before leaving.

Accused rapist likely won’t be arraigned until other charges resolved
[snip]
Middaugh was sentenced to 20 years with the Indiana Department of Correction after he was convicted in 1991 of rape.

He was sentenced to 30 years with IDOC, with 15 years suspended, after he was convicted in 2006 of child molestation.

Both convictions were in Elkhart County.

Middaugh is listed as a sexually violent predator on the Indiana Sex and Violent Offender Registry. He is required to register for life.

 

[FrostedGlass]

M's appeal is in the 'Waiting Room' whatever that is and whenever it progresses out of there.

It looks like Marshall Co is almost ready for their jury trial. There was a change of attorneys for him and that pushed his trial date out one week. This is for raping the Amish woman.

07/22/2021 = Status Conference
Session: 07/22/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial

09/28/2021 = Jury Trial
Session: 09/14/2021 9:00 AM, Rescheduled
Session: 09/15/2021 9:00 AM, Cancelled
Session: 09/28/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Session: 09/29/2021 9:00 AM, Judicial Officer: Bowen, Robert O
************************
A look at his charges prior to the trial
8-28-2019 = 6 charges

35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force or imminent threat of force and with an enhanc
35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force or imminent threat of force and with an enhanc
35-42-4-1(a)(1)/F1: Rape-Rape when compelled by force or imminent threat of force and with an enhanc
35-43-2-1/F1:Burglary , but serious bodily injury occurs and burglary was to a dwelling.
35-42-5-1(a)(2)/F2: Robbery Resulting in Serious Bodily Injury-Robbery by putting someone in fear an
35-42-3-3(a)/F3: Criminal Confinement while armed with a deadly weapon

 

[FrostedGlass]

This is an update on the appeal; maybe now it will move out of the waiting room.
20A-CR-01777
08/17/2021 = Opinion Certified
Serve: Trial Clerk 20 - Elkhart
Serve: Cataldo, Teresa Lenne
Serve: Rokita, Theodore Edward
Serve: Ulmer, Johnny William
Serve: Comer, Evan Matthew

08/17/2021 = Document Transmitted
*************************
Update on his rape case:

08/13/2021 = Notice Filed
State of Indiana, files Notice of Intent to Introduce 404(b) Evidence. State/Hoover (dsm)
Filed By: State of Indiana

08/26/2021 = Status Conference
Session: 08/26/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial

09/28/2021 = Jury Trial
Session: 09/28/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Session: 09/29/2021 9:00 AM, Judicial Officer: Bowen, Robert O

 

[FrostedGlass]

Finally an update on his appeal and re-sentencing in Elkhart Co. He's currently in the Marshall Co jail. I wonder how having 2 court dates at the same time in 2 different counties is going to work. Maybe they won't need him for the SC in Marshall co.
20D03-2003-F2-000005

09/02/2021 = Administrative Event
Court is in receipt of decision from the Appellate Court, Court hereby sets this matter reappoints the public defender's office and sets this matter for re-sentencing on 09/23/21 at 9:00 a.m. ab

09/02/2021 = Hearing Scheduling Activity
Sentencing Hearing scheduled for 09/23/2021 at 9:00 AM.

09/23/2021 = Sentencing Hearing
Session: 09/23/2021 9:00 AM, Judicial Officer: Cataldo, Teresa L,
Comment: Re-Sentencing
************************
Update on his rape case in Marshall Co; this was the outcome of his 8/26 status conference
50D01-1909-F1-000004

08/26/2021 = Order on Jury Trial
The Court FINDS that the defendant requests the 09-28-2021 setting be vacated and a new setting be established. IT IS NOW ORDERED that this cause is set for Jury Trial with 2 days reserved to begin at 9:00 a.m. on 10-26-2021 as a 1st setting. IT IS FURTHER ORDERED that a Jury Trial Status Conference is set for 09-23-2021 at 9:00 a.m. ORDER entered. (rjo) State/Hoover (dsm)

09/23/2021 = Status Conference
Session: 09/23/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial

10/26/2021 = Jury Trial
Session: 10/26/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Session: 10/27/2021 9:00 AM, Judicial Officer: Bowen, Robert O

 

[FrostedGlass]

Updated today for his re-sentencing for his Elkhart Co case that was appealed overturned:
20D03-2003-F2-000005

09/15/2021 = Administrative Event
Court reviews handwritten correspondence filed by the Defendant herein on September 10, 2021. Court also reviews the Chronological Case Summary maintained with respect to this cause and finds that the Defendant was represented by a Public Defender at the time of sentencing and that the Court has reinstated that Public Defender for this sentencing. Court hereby informs the Defendant that said hearing will be conducted via WebEx and that he will not be transported to the Elkhart County Correctional Facility, but will remain in the Marshall County Jail. sb
Noticed: MIDDAUGH, MICHAEL K. SR
Noticed: Petersen, Christopher John
Noticed: Crawford, Christopher Carle
Noticed: Marshall County Jail

09/23/2021 = Sentencing Hearing
Session: 09/23/2021 9:00 AM, Judicial Officer: Cataldo, Teresa L,
Comment: Re-Sentencing

 

[FrostedGlass]

This is for his rape case in Marshall Co:
50D01-1909-F1-000004

09/23/2021 = Status Conference
Session: 09/23/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial

10/26/2021 = Jury Trial
Session: 10/26/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Session: 10/27/2021 9:00 AM, Judicial Officer: Bowen, Robert O

 

[Niner]

Since I will be gone from 9/22 to 9/23 - I am posting this earlier. I will be back on 9/24 Friday morning to catch up with any updates.

Thursday, Sept. 23rd:
*Status Hearing (@ 9am) – IN – Conviction overturned: Michael K. Middaugh, Sr. (51) sentenced after pleading guilty to burglary, but serious bodily injury occurs, criminal confinement while armed with a deadly weapon & sexual battery under threat of deadly force.
Trial set to begin on 10/26/21 (& 10/27/21)
Middaugh was sentenced to 20 years with the Indiana Dept. of Correction after he was convicted in 1991 of rape. He was sentenced to 30 years with IDOC, with 15 years suspended, after he was convicted in 2006 of child molestation. Both convictions were in Elkhart County. Middaugh is listed as a sexually violent predator on the Indiana Sex & Violent Offender Registry. He is required to register for life.
Middaugh was sentenced in September 2020 after pleading guilty to burglary & criminal confinement while armed with a deadly weapon, Level 2 & Level 3 felonies, as well as sexual battery under threat of deadly force, a Level 4 felony. He also admitted to a habitual offender enhancement. Middaugh’s plea agreement provided for a thirty-year cap on any originally-imposed executed sentence. He ended up with a 78 year sentence. He also got a life term of probation on one of the charges. Marshall County with 3 counts of rape when compelled by force or imminent threat of force & with an enhancement.
9/15/21: Marshall County Court is in receipt of decision from the Appellate Court, Court hereby sets this matter reappoints the public defender's office & sets this matter for re-sentencing on 09/23/21 at 9:00 a.m. The Court finds that the defendant requests the 9/28/21 setting be vacated & a new setting be established. IT IS NOW ORDERED that this cause is set for Jury Trial with 2 days reserved to begin at 9:00am on 10/26/21 as a 1st setting. IT IS FURTHER ORDERED that a Jury Trial Status Conference is set for 9/23/21 at 9:00am. Trial set to begin on 10/26 & 10/27/21 @ 9am.

 

[FrostedGlass]

His re-sentencing in his Elkhart Co case was continued but it's not updated yet.
20D03-2003-F2-000005

Update for his Marshall Co rape case
50D01-1909-F1-000004

09/23/2021 = Status Conference
Session: 09/23/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial
Result: Commenced and concluded

09/23/2021 = Hearing Journal Entry
Jury Trial Status Hearing: Parties by counsel meet with the Court. Jury Trial Status Hearing is re-set for 10-13-2021 at 9:00 am with the consent and approval of each party. Any CR4 delay is charged to the Defendant. State/Hoover (dsm)
Judicial Officer: Bowen, Robert O
Noticed: Chipman, Eugene Nelson
Noticed: Hoover, Alexander Lewis
Present: State of Indiana
Present: Hoover, Alexander Lewis
Hearing Date: 09/23/2021

09/24/2021 = Hearing Scheduling Activity
Status Conference scheduled for 10/13/2021 at 9:00 AM.

09/24/2021 = Administrative Event
CORRECTION: Correct time is 10:00 a.m. for the Jury Trial Status Hearing set for 10-13-2021. State/Hoover (dsm)
Noticed: Chipman, Eugene Nelson
Noticed: Hoover, Alexander Lewis
09/25/2021
Automated ENotice Issued to Parties

09/28/2021 = CANCELED Jury Trial
Reason: Other

10/13/2021 = Status Conference
Session: 10/13/2021 10:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial

10/26/2021 = Jury Trial
Session: 10/26/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Session: 10/27/2021 9:00 AM, Judicial Officer: Bowen, Robert O

 

[FrostedGlass]

Update for the Elkhart Co re-sentencing

20D03-2003-F2-000005

09/23/2021 = Sentencing Hearing
Session: 09/23/2021 9:00 AM, Rescheduled
Session: 09/23/2021 10:22 AM, Judicial Officer: Cataldo, Teresa L,
Comment: Re-Sentencing
Result: Commenced and concluded

09/23/2021 = Hearing Journal Entry
9-23-21 State appears by DPA Laura Bird, via Webex. Sheriff of Marshall County produces the defendant via Webex and Atty. Chris Crawford appears, via Webex. Due to Marshall County not having audio, sentencing reset to 11-4-21 at 9:00. tj
Judicial Officer: Cataldo, Teresa L,

11/04/2021 = Sentencing Hearing
Session: 11/04/2021 9:00 AM, Judicial Officer: Cataldo, Teresa L,

 

[Niner]

Wednesday, October 13th:
*Status Hearing (re Jury Trial Marshall County) (@ 10am) – IN – Conviction overturned: Michael K. Middaugh, Sr. (51) sentenced after pleading guilty to burglary, but serious bodily injury occurs, criminal confinement while armed with a deadly weapon & sexual battery under threat of deadly force. Elkhart County
Middaugh was sentenced to 20 years with the Indiana Dept. of Correction after he was convicted in 1991 of rape. He was sentenced to 30 years with IDOC, with 15 years suspended, after he was convicted in 2006 of child molestation. Both convictions were in Elkhart County. Middaugh is listed as a sexually violent predator on the Indiana Sex & Violent Offender Registry. He is required to register for life.
Middaugh was sentenced in September 2020 after pleading guilty to burglary & criminal confinement while armed with a deadly weapon, Level 2 & Level 3 felonies, as well as sexual battery under threat of deadly force, a Level 4 felony. He also admitted to a habitual offender enhancement. Middaugh’s plea agreement provided for a thirty-year cap on any originally-imposed executed sentence. He ended up with a 78 year sentence. He also got a life term of probation on one of the charges. Marshall County with 3 counts of rape when compelled by force or imminent threat of force & with an enhancement.
Marshall County: Trial set to begin on 10/26/21 & 10/27/21. Elkhart County: Resentenced on 11/4/21.
9/15/21: Marshall County Court is in receipt of decision from the Appellate Court, Court hereby sets this matter reappoints the public defender's office & sets this matter for re-sentencing on 09/23/21 at 9:00 a.m. The Court FINDS that the defendant requests the 9/28/21 setting be vacated & a new setting be established. IT IS NOW ORDERED that this cause is set for Jury Trial with 2 days reserved to begin at 9:00am on 10/26/21 as a 1st setting. IT IS FURTHER ORDERED that a Jury Trial Status Conference is set for 9/23/21 at 9:00am. Trial set to begin on 10/26 & 10/27/21 @ 9am.
9/23/21 Update: Marshall County/rape charge: Hearing Journal Entry: Jury Trial Status Hearing: Parties by counsel meet with the Court. Jury Trial Status Hearing is re-set for 10/13/21 at 9:00am with the consent & approval of each party. Any CR4 delay is charged to the Defendant. Present: Judicial Officer: Bowen, Robert O, Noticed: Chipman, Eugene Nelson, Noticed: Hoover, Alexander Lewis. Present: State of Indiana & Hoover, Alexander Lewis. Status Conference scheduled for 10/13/21 at 9:00am. Correct time is 10:00am for the Jury Trial Status Hearing. 9/23/21 Update: Elkhart County case: State appears by DPA Laura Bird via Webex. Sheriff of Marshall County produces the defendant via Webex & attorney Chris Crawford also via Webex. Due to Marshll County not having audio, re-sentencing hearing reset on 11/4/21 @ 9am.

 

[Niner]

@FrostedGlass - I have the trial starting on 10/26 for Marshall County & on 10/27. Is that correct?
And for Elkhart County - I have resentencing on 11/4/21.

TIA!

 

[FrostedGlass]

The Elkhart Co re-sentencing is correct: 11/4/21.

They updated Marshall Co this morning, re-setting the status hearing and cancelling new jury trial dates that they added. I think they forgot to cancel the 10/26 jury trial.

50D01-1909-F1-000004
10/13/2021 = Status Conference
Session: 10/13/2021 10:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial
Result: Commenced and concluded

10/13/2021 = Hearing Journal Entry
Jury Trial Status Hearing: Court and counsel meet. Jury Trial Status Hearing is re-set for 11-18-2021 at 9:00 am with the consent and approval of each party. Any CR4 delay is charged to the Defendant. Defendant to file Motion to Continue. State/Hoover (dsm) Judicial Officer: Bowen, Robert O

10/14/2021 = Hearing Scheduling Activity
Status Conference scheduled for 11/18/2021 at 9:00 AM.

10/26/2021 = Jury Trial
Session: 10/26/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Session: 10/27/2021 9:00 AM, Judicial Officer: Bowen, Robert O

11/18/2021 = Status Conference
Session: 11/18/2021 9:00 AM, Judicial Officer: Bowen, Robert O
Comment: Jury Trial

11/30/2021 = CANCELED Jury Trial
Reason: Other
Session: 11/30/2021 9:00 AM, Cancelled
Session: 12/01/2021 9:00 AM, Cancelled

03/08/2022 = CANCELED Jury Trial
Reason: Other
Session: 03/08/2022 8:00 AM, Rescheduled
Session: 03/09/2022 8:00 AM, Cancelled
Session: 03/08/2022 9:00 AM, Cancelled
Session: 03/09/2022 9:00 AM, Cancelled

 

[Niner]

for this one:

03/08/2022 = CANCELED Jury Trial
Reason: Other
Session: 03/08/2022 8:00 AM, Rescheduled
Session: 03/09/2022 8:00 AM, Cancelled
Session: 03/08/2022 9:00 AM, Cancelled
Session: 03/09/2022 9:00 AM, Cancelled

It looks to me like this is cancelled also - correct? And will be rescheduled.

 

[FrostedGlass]

for this one:

03/08/2022 = CANCELED Jury Trial
Reason: Other
Session: 03/08/2022 8:00 AM, Rescheduled
Session: 03/09/2022 8:00 AM, Cancelled
Session: 03/08/2022 9:00 AM, Cancelled
Session: 03/09/2022 9:00 AM, Cancelled

It looks to me like this is cancelled also - correct? And will be rescheduled.

I think so. The only one that looks to be active is Nov 18. Maybe they are looking at a plea after he's re-sentenced in Elkhart?

 

[Niner]

I think so. The only one that looks to be active is Nov 18. Maybe they are looking at a plea after he's re-sentenced in Elkhart?

Sounds good to me!

 

[Niner]

Thursday, November 4th:
*Re-Sentencing Hearing (Elkhart County) (@ 9am CT) – IN – Conviction overturned: Michael K. Middaugh, Sr. (51) sentenced after pleading guilty to burglary, but serious bodily injury occurs, criminal confinement while armed with a deadly weapon & sexual battery under threat of deadly force. Was sentenced to 20 years for a 1991 rape & for burglary, etc. charges ended up with a 78 year sentence.
Marshall County: Trial was set to begin on 10/26/21 continued to 3/8/22 which was cancelled. Elkhart County: Resentenced on 11/4/21.
Case & court info from 9/15/21 reference post #12 here:
CONVICTION OVERTURNED - IN - Man Guilty of Multiple Charges Against Elderly Woman Wins Appeal - 21 June 2021
9/23/21 Update: Marshall County/rape charge: Hearing Journal Entry: Jury Trial Status Hearing: Parties by counsel meet with the Court. Jury Trial Status Hearing is re-set for 10/13/21 at 9:00am with the consent & approval of each party. Any CR4 delay is charged to the Defendant. Present: Judicial Officer: Bowen, Robert O, Noticed: Chipman, Eugene Nelson, Noticed: Hoover, Alexander Lewis. Present: State of Indiana & Hoover, Alexander Lewis. Status Conference scheduled for 10/13/21 at 9:00am. Correct time is 10:00am for the Jury Trial Status Hearing. 9/23/21 Update: Elkhart County case: State appears by DPA Laura Bird via Webex. Sheriff of Marshall County produces the defendant via Webex & attorney Chris Crawford also via Webex. Due to Marshall County not having audio, re-sentencing hearing reset on 11/4/21 @ 9am.
10/13/21 Update: Marshall County: Jury trial status hearing: Court & counsel meet. Hearing is reset for 11/18/21 @ 9am with consent & approval of each party. Any CR4 delay is charged to defendant. Defendant to file Motion to Continue. Jury trial was set to begin on 3/8/22 but was cancelled.

 

[FrostedGlass]

Thursday, November 4th:
*Re-Sentencing Hearing (Elkhart County) (@ 9am CT) – IN – Conviction overturned: Michael K. Middaugh, Sr. (51) sentenced after pleading guilty to burglary, but serious bodily injury occurs, criminal confinement while armed with a deadly weapon & sexual battery under threat of deadly force. Was sentenced to 20 years for a 1991 rape & for burglary, etc. charges ended up with a 78 year sentence.
Marshall County: Trial was set to begin on 10/26/21 continued to 3/8/22 which was cancelled. Elkhart County: Resentenced on 11/4/21.
Case & court info from 9/15/21 reference post #12 here:
CONVICTION OVERTURNED - IN - Man Guilty of Multiple Charges Against Elderly Woman Wins Appeal - 21 June 2021
9/23/21 Update: Marshall County/rape charge: Hearing Journal Entry: Jury Trial Status Hearing: Parties by counsel meet with the Court. Jury Trial Status Hearing is re-set for 10/13/21 at 9:00am with the consent & approval of each party. Any CR4 delay is charged to the Defendant. Present: Judicial Officer: Bowen, Robert O, Noticed: Chipman, Eugene Nelson, Noticed: Hoover, Alexander Lewis. Present: State of Indiana & Hoover, Alexander Lewis. Status Conference scheduled for 10/13/21 at 9:00am. Correct time is 10:00am for the Jury Trial Status Hearing. 9/23/21 Update: Elkhart County case: State appears by DPA Laura Bird via Webex. Sheriff of Marshall County produces the defendant via Webex & attorney Chris Crawford also via Webex. Due to Marshall County not having audio, re-sentencing hearing reset on 11/4/21 @ 9am.
10/13/21 Update: Marshall County: Jury trial status hearing: Court & counsel meet. Hearing is reset for 11/18/21 @ 9am with consent & approval of each party. Any CR4 delay is charged to defendant. Defendant to file Motion to Continue. Jury trial was set to begin on 3/8/22 but was cancelled.

Thanks for following. It will be a relief when I'm done with this guy's case and I suspect you feel the same. I'm fully expecting this will be settled today.

Here are the charges and the sentencing from the original plea deal:
Elkhart
20D03-2003-F2-000005
1. 35-43-2-1/F2: Burglary with a deadly weapon.
Confinement to Commence: 09/23/2020
Indiana Department of Correction
Term: 30 Yr
2. 35-42-3-3(a)/F3: Criminal Confinement while armed with a deadly weapon
Confinement to Commence: 09/23/2020
Probation
Term: 16 Yr
Consecutive with Prior Sentence: Count I
Comment: Life term of probation
3. 35-42-4-8(a)(1)(A)/F4: Sexual Battery-Same as 7205 but committed: by threatening or using
Confinement to Commence: 09/23/2020
Probation
Term: 12 Yr
Consecutive with Prior Sentence: Counts I, II and IV
Comment: Defendant shall be placed on probation for a period of 10 years
4. 35-50-2-8(a)/: Habitual Offender
Confinement to Commence: 09/23/2020
Indiana Department of Correction
Term: 20 Yr
Consecutive with Prior Sentence: Counts I, II and III

 

[FrostedGlass]

11/04/2021 = Sentencing Hearing
Session: 11/04/2021 9:00 AM, Judicial Officer: Cataldo, Teresa L,
Result: Commenced and concluded

11/04/2021 = Hearing Journal Entry
11-4-21 State appears by DPA Laura Bird. Marshall County Sheriff produces the defendant and Atty. Christopher Crawford appears in person. Cause comes on for re-sentencing hearing. Court resentences the defendant to Count I - Burglary, Level 2 Felony - 30 years, 10 years at IDOC, remaining 20 years suspended and 10 years on reporting probation. Count II - 16 years IDOC concurrent to Count I. Count III - 12 years IDOC concurrent to Count I. Count IV - Habitual Criminal Offender - attaches to Count I - 20 years IDOC consecutive to Count I. Sentence is consecutive to 20D03-0509-FA 146. tj
Judicial Officer: Cataldo, Teresa L,

11/04/2021 = Order of Confinement (Sentenced)
Resentencing JOC.
Judicial Officer: Cataldo, Teresa L,
Order Signed: 11/08/2021