ILNews

Court upholds enjoined counts

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Court of Appeals affirmed a defendant's convictions and sentence for murder and drug possession, saying he waived his right to appeal his denied motions for mistrial because he failed to raise the points properly during his trial.

In David Mark Frentz v. State of Indiana, No. 59A05-0610-CR-559, Frentz raised four issues on appeal: whether the trial court committed reversible error in enjoining and then denying his motions to sever the drug possession counts from the murder count; whether the trial court abused its discretion in denying Frentz's motions for mistrial; whether the trial court abused its discretion in imposing consecutive sentences; and whether Frentz's sentence is inappropriate in light of the nature of the offenses and his character.

Frentz was convicted of murdering his housemate Zackary Reynolds and of Class C felony methamphetamine possession, Class C felony cocaine possession, and Class D felony marijuana possession.

Frentz's doctor told him he needed to quit drinking, and the doctor gave Frentz medication to help him quit. Frentz quit drinking cold turkey that day. That same day, Frentz started to feel bad, called a friend, and told him he had been hallucinating.

Sometime between that night and the next morning, Frentz had shot Reynolds three times and drove down his road several times at a high rate of speed to make it look like multiple vehicles were fleeing his home. Frentz later called 911 and told police he was being robbed and someone else shot Reynolds. Frentz was arrested.

At Frentz's home, police saw marijuana in plain view and got a search warrant for the house where they found nearly 40 grams of marijuana, and cocaine and methamphetamine residue.

While in jail, Frentz told two inmates multiple stories about what happened that night to get their approval on which story to claim was real. During Frentz's trial, he filed a motion to sever the drug charges from the murder count, which the trial court granted in part by severing two other counts. Frentz was convicted and sentenced to 55-years for murder and four years on the drug counts to be served consecutively for a total of 59 years.

Judge Terry Crone wrote in the opinion that no Indiana cases outline a standard of review for a claim raised pursuant to Indiana Code section 35-34-1-9(a)(2), which states offenses may be sufficiently "connected together" to justify joinder if the state can establish the crimes are linked by the same motive. Frentz's motions to sever was technical misjoinder, saying the murder and drug counts were not based on the same conduct to constitute a single scheme. Judge Crone wrote that even if the court were to follow Frentz's recommendation that it follow federal precedent on the matter, it would find any error by the trial court denial to be harmless.

The trial court did not error in denying Frentz's motions for mistrial. Frentz waived his right to appeal the denial of a mistrial following redacted statements mentioned in court because he failed to make contemporaneous objections to the prosecutor's statements about the redacted information. Twice Frentz refused the trial court's offer to admonish the jury after he asked for a motion for mistrial, so Frentz also waived his right to appeal these denials.

In terms of his sentence, the court found no error in the trial judge's process to impose consecutive sentences in this case and given Frentz's character and nature of his offenses, his 59-year sentence is appropriate.
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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

ADVERTISEMENT