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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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