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First impression for habitual offender statute

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In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant's prior conviction for conspiracy to deal in cocaine qualified as a conviction for dealing in cocaine under the state's habitual offender statute. The appellate court concluded today the prior conviction for conspiracy to commit dealing is a prior conviction for dealing in cocaine for purposes of Section 8 of the statute.

In Myron Owens v. State of Indiana, No. 49A02-0811-CR-1052, Myron Owens appealed his convictions of felony dealing cocaine within 1,000 feet of a youth center program and felony obstruction of justice. He also appealed whether his prior convictions were sufficient to support his habitual offender determination.

Owens was arrested following a drug buy arranged by police with a confidential informant. The sale happened within 1,000 feet of a church day care center. He was also convicted of felony possession cocaine and misdemeanor resisting law enforcement, and sentenced to 80 years.

The Court of Appeals found sufficient evidence to support both his conviction in dealing in cocaine within 1,000 feet of the youth program center and obstruction of justice when he attempted to eat the money used during the drug buy.

In terms of his habitual offender enhancement, Owens claimed his instant dealing offense isn't listed in Indiana Code Section 35-50-2(b)(4) and that he hasn't accrued two unrelated dealing convictions. Owens' instant conviction for dealing isn't delineated in the subsection. The habitual offender statute states a prior conviction for dealing or possession of an illegal drug doesn't count for habitual offender purposes if the crime wasn't listed in Section 2(b)(4) and the defendant has less than two prior dealing convictions.

The panel considered whether Owens' conspiracy to deal in cocaine conviction in 2004, combined with his prior convictions of dealing in cocaine and carrying a handgun without a license, shows he had three prior felony convictions.

"The question presented here is whether Owens's prior conviction for conspiracy to deal in cocaine qualifies as a conviction for 'dealing in cocaine' under Section 8(d)(3)(C)(ii)," wrote Judge Paul Mathias.

In order to have convicted Owens of conspiracy to deal in cocaine, the state had to prove he actually dealt in cocaine, and under these particular facts and circumstances, Owens' prior conviction for conspiracy to commit dealing is, for purposes of Section 8, a prior conviction for dealing in cocaine, wrote the judge.

"Because Owens had two prior convictions for dealing in cocaine, the trial court could properly apply the habitual offender enhancement to the sentence imposed upon Owens's instant dealing conviction," he wrote.

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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