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Justices approve 'double enhancement'

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The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony and find him a habitual substance offender because of explicit legislative direction on the enhancements.

In Clint Beldon v. State of Indiana, No. 43S05-0910-CR-496, Clint Beldon appealed the trial court’s usage of a prior Class D felony conviction to elevate his most recent conviction of operating while intoxicated in a manner that endangers a person from a Class A misdemeanor to Class D felony. Beldon also was sentenced as a habitual substance offender.

The Indiana Court of Appeals reversed, but the Supreme Court found the trial court could use the same prior conviction based on legislation. Beldon’s 2003 Class D felony OWI conviction, which provided the predicate offense for the progressive penalty elevation of his misdemeanor conviction to a felony, was used as a predicate offense for the specialized habitual offender finding, not for a general habitual offender finding.

In general, absent explicit legislative direction, a sentence imposed following a conviction under a progressive penalty statute can’t be further increased under either the general habitual offender statute or a specific habitualized offender statute. But the requisite legislative direction exists to authorize an underlying elevated conviction to be enhanced by the specialized habitual substance offender enhancement, wrote Justice Frank Sullivan. A 1996 amendment provided direction that prior convictions for operating a vehicle while intoxicated, including those where the charge has been elevated because of a prior conviction, properly served as predicate offenses for habitual substance offender enhancements.

The justices also ruled against Beldon’s argument that the 2003 OWI conviction and the instant offense are not “unrelated” because the former was used to enhance the latter. But the high court already rejected that argument in Beach v. State, 496 N.E.2d 43, 44 (Ind. 1986).
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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