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Appeals panel voids gun conviction, cuts child porn sentence

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An Indianapolis man sentenced to 11 years in prison for possession of child pornography and a felony gun charge had his most serious conviction vacated and his sentence reduced to no more than four years.

A jury in Marion Superior Court convicted David F. Wood of five counts of Class D felony possession of child pornography, and he pleaded guilty to Class B felony possession of a firearm by a serious violent felon. Wood’s wife had notified authorities after she found him in possession of photos of nude girls who appeared to be underage. Police who searched Wood’s house found two pistols on a closet shelf beneath male clothing.

In a bifurcated trial, Wood was found guilty of five of 10 counts brought against him of possessing child porn. “The jury also returned a form entitled ‘VERDICT,’ … on which the jury was to determine whether ‘Wood knowingly or intentionally possessed a firearm,’ … and on which the jury foreman marked the box for ‘NO,’” Judge Melissa May wrote for a unanimous Court of Appeals panel in David F. Wood v. State of Indiana, 49A02-1207-CR-615.

“Despite that verdict and concerns raised by Wood’s counsel and the deputy prosecutor, the trial court determined the State would be allowed to present additional evidence during a second phase of the trial to demonstrate Wood possessed firearms while being a SVF,” May wrote. “Just prior to the jury returning for that second phase of the trial, Wood announced he would plead guilty to Class B felony possession of a firearm by a SVF. The State then offered, in open court, to cap his possible sentence for that crime at six years, which is the minimum sentence for a Class B felony. The trial court accepted that plea and entered Wood’s convictions.”

Marion Superior Judge Robert Altice Jr. ordered Wood’s six-year sentence on the SVF conviction be served consecutive to five consecutive one-year sentences for the child porn convictions.

“The trial court made an error of law when it instructed the State it could proceed to second phase of trial even after the jury returned a verdict finding Wood had not knowingly or intentionally possessed the firearms,” May wrote. “If the court had not made that legal error, Wood would not have been placed in the position of deciding whether to plead guilty before the second phase of trial. … (W)e reverse his conviction.”

Wood argued the child porn convictions were a single episode of criminal conduct for which the punishment may not exceed four years, and the COA agreed.  
 
“We also reverse Wood’s five-year cumulative sentence for the five counts of Class D felony possession of child pornography, because that sentence violates the cap imposed by Ind. Code § 35-50-1-2, and we remand for the trial court to enter a new sentence that does not exceed four years.”

According to the Department of Correction, Wood’s projected release date had been April 2017. A sentence of four years or less would move his projected release date to no later than October.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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