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Woman’s convictions are crimes of violence, justifying sentence

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The Indiana Court of Appeals agreed with the state Thursday that a woman’s Class D felony drunken-driving convictions are considered “crimes of violence” under Indiana law, so there was no error when the trial court imposed a seven-year consecutive sentence.

Wendy Thompson was drinking alcohol while driving along U.S. Highway 36 in Parke County when she rear-ended Tina Redman’s car, causing it to hit a Jeep Cherokee driving in the opposite direction. Redman had slowed down for an Amish wagon. The accident resulted in serious injuries to Redman, her daughter, and the two passengers in the Cherokee.

Thompson’s BAC was 0.25 and she also tested positive for benzodiazepines, for which she had a valid prescription. But the drug intensifies the effects of alcohol.

The state charged her with eight counts, but Thompson pleaded guilty to four Class D felony operating a motor vehicle with a blood-alcohol concentration of at least 0.08 causing serious bodily injury. She was sentenced to three years each for Counts I and II and 180 days each for Counts III and IV. The sentences were ordered to be served consecutively, for a total of seven years, with two years suspended to probation.

Thompson argued before the trial court and again on appeal that she couldn’t be sentenced to consecutive sentences longer than four years based on I.C. 35-50-1-2(c). This section says the total consecutive terms of imprisonment shall not exceed the advisory sentence for a felony one class higher than the most serious of the felonies for which a person has been convicted.

In Thompson’s case, this would be the advisory sentence of four years for a Class C felony. She would be correct as long as her crime is not considered a “crime of violence,” the appellate court held, finding her Class D felonies to qualify under this distinction. Thus, the maximum-sentence restriction does not apply.

The judges relied on the statutory citation next to the text of the offense under subdivision 15, “Operating a vehicle while intoxicated causing serious bodily injury to another person (IC 9-30-5-4).” They believed the citation to the statute is evidence that the Legislature intended to include both crimes within the definition of a “crime of violence.”

The COA also upheld her sentence, noting the significant injuries the vehicle occupants suffered – and continue to deal with today – as well as Thompson’s inability to admit the extent of her problems with alcohol.

The case is Wendy Thompson v. State of Indiana, 61A01-1305-CR-207.


 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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