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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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