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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. 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???

  2. 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

  3. 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

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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