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Court affirms guilty but mentally ill sentence in DUI, resisting case

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A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.

In Dale Douglas Perkins Jr. v. State of Indiana, No. 16A01-1112-CR-603, judges unanimously ruled that the Decatur Superior Court did not abuse its discretion by imposing consecutive three-year sentences after Perkins pleaded guilty but mentally ill to charges of operating a motor vehicle while intoxicated as a Class D felony and resisting law enforcement as a Class D felony. When he was arrested, Perkins’ blood alcohol level was more than three times the legal limit.

The state dropped charges of criminal confinement and being a habitual substance offender in the plea agreement.

Perkins argued that the trial court abused its discretion by ordering consecutive sentences because his “crimes are intertwined,” according to court pleadings.

The panel also dismissed Perkins’ argument that the sentence was inappropriate due to his mental health. A court-ordered psychiatric evaluation determined that Perkins, 38 at the time of his conviction, was psychotic. He had been diagnosed as schizophrenic in his youth.

Judges ruled that Perkins had been able to control his behavior during incarceration and that his long criminal record in Indiana and Florida, including repeat DUI convictions and crimes including burglary, theft and attempted robbery, didn’t make the sentence inappropriate.

“Perkins keeps committing the same offenses, demonstrating that he has not learned that when he drinks alcohol he will commit unlawful acts,” Senior Judge William Garrard wrote for the panel.   

“We conclude that the nexus between his mental illness and the instant offenses is not so strong as to require a different result,” Garrard wrote. “Perkins’ mental illness does not render his sentence inappropriate, particularly in light of the manner in which Perkins committed these offenses.”


 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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