ILNews

COA affirms remanded sentence

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.

In Johnnie Stokes v. State of Indiana, No. 49A04-1009-CR-578, Johnnie Stokes challenged his sentence handed down on remand for Class B felonies robbery, attempted robbery, unlawful possession of a firearm by a serious violent felon, and Class C felony criminal recklessness. Previously, the Court of Appeals had vacated five of his convictions related to a robbery of a recording studio in 2008 and ordered him to be re-sentenced. He received concurrent terms of 20 years for robbery and 10 years for attempted robbery, to be served consecutive to 20 years on the firearm conviction, and consecutive to four years for criminal recklessness.

Stokes argued that his sentence was improperly enhanced twice for the same prior felony conviction, claiming his 2001 conviction for dealing in cocaine improperly served as both the basis for his consecutive sentence for his firearm conviction and as part of his extensive criminal history that the trial court considered an aggravating circumstance in sentencing him for his other present offenses.

Chief Judge Margret Robb noted that explicit legislative direction permits the “enhancements’ that Stokes opposes. The judges didn’t agree with Stokes’ reliance on Sweatt v. State, 887 N.E.2d 81, 83 (Ind. 2008).

“Although his sentences for UPFSVF, robbery, and criminal recklessness were all enhanced based – technically, in part – on the same prior felony conviction, Stokes’s case is substantially different from Sweatt because a more appropriate characterization of his enhanced sentences would focus on the general length and severity of his criminal history, not a single conviction among the several,” wrote the chief judge. “The trial court recounted Stokes’s dealing in cocaine conviction while explaining his entire criminal history, and did not rely on it individually.”

The judges also found that Stokes’ sentence doesn’t violate the double jeopardy clause of the Indiana Constitution because the sentences for his convictions of unlawful possession of a firearm by a serious violent felon, robbery, and criminal recklessness were based on different firearms.

They also held that his consecutive sentence for the firearm conviction is not inappropriate in light of the nature of his offense and character.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. 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.

  3. 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

  4. 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.

  5. 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

ADVERTISEMENT