Malenchik pleaded guilty to a class D felony and was adjudged to be an habitual offender. The Tippecanoe Superior Court sentenced him to six years. The Court of Appeals affirmed. Malenchik v. State, No. 79A02-0902-CR-133 (Ind. Ct. App. Jun. 5, 2009) (unpublished mem. decision), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Relying on Rhodes v. State, 896 N.E.2d 1193, 1195 (Ind. Ct. App. 2008), trans. not sought, Malenchik argues the trial court abused its discretion by considering "scoring models" (in this case, the Level of Service Inventory-Revised ("LSIR") and Substance Abuse Subtle Screening Inventory ("SASSI")) in determining the sentence.
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