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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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