10-year confinement sentence thrown out on appeal
The Indiana Court of Appeals has ruled the trial judge improperly capped Larry Russell's sentence at 10 years. It says he can either be resentenced under his plea agreement to up to 56 years or he can have the deal thrown out.
Russell's attorney, Cara Schaefer Wieneke, said Tuesday she was surprised by the ruling and will petition the Indiana Supreme Court to take up the case. She says Russell appealed the sentence because he wasn't happy with it.
Vigo County Prosecutor Terry Modesitt says he's pleased with the opportunity to seek a longer sentence for Russell.
Russell, along with his wife Nikki Russell, was charged with six counts of neglect of a dependent and five counts of criminal confinement last year. Nikki Russell also was charged with two counts of battery by body waste and battery resulting in bodily injury.
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