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COA upholds cocaine convictions, sentence

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The Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered jury instruction.

Patrick Austin was pulled over by Trooper Joseph White because the officer thought the trailer Austin’s semi-tractor was pulling would normally be pulled by a pickup truck. Austin’s logbooks and shipping papers made the trooper suspicious, but he allowed Austin to go free. White then contacted state police, which sent Trooper Mick Dockery to wait for Austin’s vehicle to drive by on the toll road. Dockery stopped Austin’s semi-tractor for two traffic violations. After a drug sniffing dog indicated it smelled illegal drugs in the trailer, police obtained a search warrant and found bricks of cocaine in the Mercedes and Rolls-Royce cars inside the trailer.

Austin filed for a speedy trial, but the state moved to continue his scheduled trial due to court congestion. After his trial was rescheduled beyond the 70-day period during which the state was required to try him after his request, Austin filed a motion for discharge. The trial court denied it. He was convicted of the two drug counts and sentenced to 40 years on each count, to be served concurrently.

On appeal, Austin argued that the trial court erred by denying his motion for discharge under Criminal Rule 4; the trial court abused its discretion by admitting contested evidence; the trial court abused its discretion by rejecting his tendered jury instruction regarding constructive possession; and the sentence assigned by the trial court was both an abuse of discretion and inappropriate based on Austin’s character and offenses.

The trial court did not err in denying his motion for discharge because his trial was moved to accommodate another incarcerated criminal defendant whose case was older than Austin’s. The judges also rejected his claim that his trial could have happened if the state moved a civil trial scheduled for the last day in his 70-day period.

The appellate court found no error in the trial court’s determination that the stop and search of Austin the second time was reasonable and affirmed admitting evidence that Austin had control over the Rolls-Royce on several occasions before he was arrested. It also found no abuse of discretion by the trial court regarding the jury instructions.

“As the trial court’s instruction could not have permitted the jury to find the ‘mere presence’ of drugs was enough to show Austin’s constructive possession, the jury was not, as Austin asserts, ‘left to speculate that his control over the Rolls-Royce and Mercedes Benz made him guilty,’” Judge Melissa May wrote in Patrick Austin v. State of Indiana, 20A03-1112-CR-588.

The judges also found his sentence to be appropriate based on his prior felony arrests and was caught transporting more than $4 million worth of cocaine.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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