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COA affirms remanded sentence

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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.

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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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