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Evidence supports felony inmate fraud conviction

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Finding that a defendant obtained a future interest in bail money as well as his release from prison – which constitute property under Indiana law – the Indiana Court of Appeals upheld Elnesto Ray Valle’s Class C felony inmate fraud conviction. Valle convinced a stranger to pay his bail.

Valle was in jail in Grant County on a drug charge and shared a cell with his friend Edward Jay Brummett. Valle contacted his cousin and asked her to pretend to be related to Brummett in order to get money from Brummett’s inmate commissary account to be used to bail Valle out of jail. Valle forged forms, but the plot failed. Valle then tried reaching a friend, but dialed the wrong number and struck up a conversation with Peter Barrett. Valle eventually convinced Barrett, a complete stranger, to pay Valle’s bail with his credit card. He said he could pay Barrett back after being released.

The bail money was posted with the clerk of the court, and Barrett never received money back directly from Valle. He was also charged a $75 service fee for using his credit card.

Valle was charged with and convicted of various counts as a result of his schemes. He only challenged on appeal his inmate fraud conviction and aggregate 16-year sentence. Valle argued the state didn’t provide sufficient evidence to support the conviction under I.C. 35-43-5-20 because he did not obtain money or property from his misrepresentations.

In Elnesto Ray Valle v. State of Indiana, 27A02-1209-CR-772, the judges found Valle’s future interest in the bail money constitutes property for the purposes of inmate fraud. When he posted bail, Barrett agreed to a provision that said the funds will become the property of the defendant and returned to Valle.

“That the bail money, less the $75 service fee, was ultimately ordered returned to Peter is of no matter. Had Valle’s plan not been thwarted, he would have been entitled to the bail money if returned by the court,” Judge Cale Bradford wrote.

The appeals court also agreed with the state that Valle obtained property in the form of his release from jail. It also upheld his sentence, pointing to his lengthy criminal history – both as a juvenile and as an adult. Valle also took advantage of Barrett, whom the court found was “mentally incapacitated.”

 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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