Ivan Jones v. State of Indiana

I respectfully dissent from the majority’s conclusion, that the trial court’s failure to personally ask Jones whether he wished to make a statement at sentencing constitutes fundamental error mandating, reversal of his sentence. .

Indiana Code section 35-38-1-5 provides in relevant part that “[t]he defendant *918may also make a statement personally in the defendant’s own behalf and, before pronouncing sentence, the court shall ask the defendant whether the defendant wishes to make such , a statement.” At sentencing, the trial court asked defense counsel—not Jones personally—whether Jones wished to…