IC 35-50-2-1.3 - 'Advisory sentence'

Cite as:IC 35-50-2-1.3
Currency:Current through P.L. 215-2018
 
FREE EXCERPT

(a) For purposes of [sections] [3] [through] [7] [of] this chapter, "advisory sentence" means a guideline sentence that the court may voluntarily consider when imposing a sentence.

(b) Except as provided in subsection (c), a court is not required to use an advisory sentence.

(c) In imposing:

(1) consecutive sentences for felony convictions that are not crimes of violence (as defined in IC 35-50-1-2(a) ) arising out of an episode of criminal conduct, in accordance with IC 35-50-1-2; or

(2) an additional fixed term to a repeat sexual offender under section 14 of this chapter;

a court is required to use the appropriate advisory sentence in imposing a consecutive sentence or an additional fixed term. However, the court is not required to use the advisory sentence in imposing the sentence for the underlying offense.

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