Biehl v. State

OPINION

MATHIAS, Judge

Larry Biehl was found guilty but mentally ill of voluntary manslaughter, a Class A felony and criminal recklessness, a Class C felony. The trial court found three mitigating circumstances (Biehl’s mental illness, his lack of criminal history, and his remorse) and no aggravating circumstances, but nevertheless imposed presumptive, concurrent sentences of thirty and four years, respectively. In light of Biehl’s severe, longstanding mental illness, lack of any criminal history, and the absence of any aggravating circumstances, we find the presumptive sentence manifestly…