ILNews

COA cuts sentence for drug convictions

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals upheld a defendant's drug convictions, but found the trial court erred in sentencing him. As a result, the appellate court reduced his sentence by 33 years.

In Gary L. Williams Jr. v. State of Indiana, No. 39A04-0708-CR-481, Williams appealed his convictions of and his 73-year sentence for dealing in cocaine, and possession of cocaine and marijuana.

The Indiana Court of Appeals affirmed Williams' convictions on two counts of dealing in cocaine as Class A felonies, possession of cocaine as a Class A felony, two counts of possession of cocaine as Class C felonies, and one count of possession of marijuana. Williams was convicted after Indiana State Police set up a meeting for a confidential informant to buy drugs from Williams.

The trial court ordered Williams to serve his sentences on the various counts consecutively. Finding the two incidents that involved Williams selling drugs within one day at the same location didn't constitute an episode of criminal conduct, the appellate court found the trial court didn't err in ordering him to serve consecutive sentences.

However, citing Gregory v. State, 644 N.E.2d 543 (Ind. 1994), and Jones v. State, 807 N.E.2d 58 (Ind. Ct. App. 2004), the Court of Appeals ruled the sentences for each conviction arising from evidence taken after the state began sponsoring the criminal activity - by arranging drug buys from Williams to an informant - must run concurrently. The trial court ordered convictions relating to the two state-arranged drug buys to be served concurrently, but then ordered those sentences to be served consecutive to other cocaine and marijuana convictions from evidence seized under a search warrant.

"While Gregory and Jones did not expressly address this issue, the clear import of those decisions - that the State may not 'pile on' sentences by postponing prosecution in order to gather more evidence - applies equally to convictions arising from evidence gathered as a direct result of the State-sponsored criminal activity," wrote Judge Edward Najam.

As a result, the appellate court revised Williams' sentence and ordered all of his sentences run concurrently for an aggregate term of 40 years.
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT