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Consecutive sentences in drug buy case ruled inappropriate

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A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.

Pedro Alvarez was convicted of two counts of Class B felony dealing in cocaine, and a jury convicted him in absentia and sentenced him to serve consecutive 20-year terms after he was found in Mississippi.

The appellate panel ordered the sentences be served concurrently in Pedro Alvarez v. State of Indiana, 09A02-1203-CR-241.

Judge Rudy R. Pyle III wrote that the court has held that consecutive sentences for multiple counts based on nearly identical police buys was inappropriate, citing Rios v. State, 930 N.E.2d 664 (Ind. Ct. App. 2010), and Bell v. State, 881 N.E.2d 1080 (Ind Ct. App. 2008).

Alvarez did not prevail in his appellate claim that the prosecution’s use of a jail mug shot from a prior arrest caused him undue prejudice. The court has held that when a defendant fails to appear, mug shots are of probative value for establishing identity.

“The Cass County Sheriff’s Department only possessed a photograph of Alvarez from a prior arrest and not his current case. The mug shot was redacted to remove references to the prior arrest,” Pyle wrote. “… Had Alvarez simply appeared for his trial, there would have been no reason to admit the mug shot.”

Alvarez was represented on appeal by Lisa M. Traylor-Wolff of Logansport, a former senior judge who was charged Monday in a disciplinary action filed by the Supreme Court.


 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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