State v. Shephard

James Henry Shephard challenges a 63-month sentence for indecent liberties involving his 10-year-old niece.

Mr. Shephard had pleaded guilty to indecent liberties in 1982, prior to the effective date of the Sentencing Reform Act of 1981 (SRA). At that time, the court imposed a 10-year deferred sentence and placed him on probation. When Mr. Shephard violated the terms of his probation in 1987, the court sentenced him to 63 months with credit for the 1,484 days he spent in an inpatient treatment program at Eastern State Hospital and in jail pending his probation revocation hearing. The standard…