Lane v. State

*474Dissenting Opinion

DeBruler, J.

Article 1, § 16 of the Indiana Constitution says that “all penalties shall be proportional to the nature of the offense”. I do not see how, consistent with this mandate, the appellant may be required to serve a sentence of two to fourteen years for the offense of conspiring to commit second degree burglary, when the maximum sentence he would be required to serve had he been convicted of a completed second degree is two to five years. I would therefore remand this case to the trial court with instructions to modify appellant’s sentence to two to five years.

Appellan…