ILNews

COA cuts sentence for drug convictions

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals upheld a defendant's drug convictions, but found the trial court erred in sentencing him. As a result, the appellate court reduced his sentence by 33 years.

In Gary L. Williams Jr. v. State of Indiana, No. 39A04-0708-CR-481, Williams appealed his convictions of and his 73-year sentence for dealing in cocaine, and possession of cocaine and marijuana.

The Indiana Court of Appeals affirmed Williams' convictions on two counts of dealing in cocaine as Class A felonies, possession of cocaine as a Class A felony, two counts of possession of cocaine as Class C felonies, and one count of possession of marijuana. Williams was convicted after Indiana State Police set up a meeting for a confidential informant to buy drugs from Williams.

The trial court ordered Williams to serve his sentences on the various counts consecutively. Finding the two incidents that involved Williams selling drugs within one day at the same location didn't constitute an episode of criminal conduct, the appellate court found the trial court didn't err in ordering him to serve consecutive sentences.

However, citing Gregory v. State, 644 N.E.2d 543 (Ind. 1994), and Jones v. State, 807 N.E.2d 58 (Ind. Ct. App. 2004), the Court of Appeals ruled the sentences for each conviction arising from evidence taken after the state began sponsoring the criminal activity - by arranging drug buys from Williams to an informant - must run concurrently. The trial court ordered convictions relating to the two state-arranged drug buys to be served concurrently, but then ordered those sentences to be served consecutive to other cocaine and marijuana convictions from evidence seized under a search warrant.

"While Gregory and Jones did not expressly address this issue, the clear import of those decisions - that the State may not 'pile on' sentences by postponing prosecution in order to gather more evidence - applies equally to convictions arising from evidence gathered as a direct result of the State-sponsored criminal activity," wrote Judge Edward Najam.

As a result, the appellate court revised Williams' sentence and ordered all of his sentences run concurrently for an aggregate term of 40 years.
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  1. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  2. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  3. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  4. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  5. I presented my defense against discipline to the Virginia State Bar this morning and the 26-member Board of Discipline 100% rejected what Indiana has done to me, including what Ahler did. Discipline DISMISSED.

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