McCullough v. State

On Transfer from the Indiana Court of Appeals, No. 49A02-0711-CR-981

DICKSON, Justice.

We grant transfer and hold (1) in the exercise of the appellate authority to review and revise criminal sentences, a court may decrease or increase the sentence; (2) the State may not by appeal or cross-appeal initiate a challenge to a sentence imposed by a trial court; and @) if a defendant seeks appellate review and revision of a sentence, the State may respond and urge the imposition of a greater sentence without the necessity of proceeding by cross-appeal.

The defendant, Stephen McCullough, was convicted…