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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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