ILNews

Instant offense considered 'unrelated' per statute

Back to TopE-mailPrintBookmark and Share

The trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.

In Andre Syval Peoples v. State of Indiana, No. 79A02-0812-CR-1411, the parties disagreed as to how to calculate the total number of unrelated dealing convictions Andre Peoples had accumulated. Peoples pleaded guilty to dealing cocaine as a Class B felony and was found to be a habitual offender. He had two prior felony convictions in Illinois - forgery and possession of cocaine with intent to deliver.

Peoples argued the habitual offender enhancement can't be attached to his instant conviction under Indiana Code Section 35-50-2-8(b)(3) of the habitual offender statute because his instant conviction is a drug offense, satisfying subsection (b)(3)(A). Also, he argued his number of priors for dealing doesn't exceed one, which satisfies subsection (b)(3)(C)(i)-(v) of the statute.

But Peoples' interpretation of the statute is incorrect because the language subsections (b)(3)(C) and (d)(3)(C) do not say more than one "prior" but require that "the total number of unrelated convictions" for certain drug offenses don't exceed one, wrote Judge Melissa May.

"Peoples' instant conviction of dealing cocaine and his prior conviction of cocaine possession with intent to deliver are undoubtedly 'unrelated' and the two convictions undoubtedly 'exceed one,'" she wrote.

The judges agreed with the state's argument that the statute isn't limited to only prior convictions but requires the summation of the total number of unrelated convictions a defendant has gotten for dealing drugs. The absence of the word "prior" from those two subsections reflects legislative intent to include the instant conviction as one of the "unrelated" convictions referred to in those subsections, wrote the judge.

"While we agree with those decisions that have characterized this statute as 'confusing,' we cannot say the reference to 'unrelated offenses' is susceptible to the additional interpretation Peoples urges as limited to 'prior' offenses," she wrote.

ADVERTISEMENT

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. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

ADVERTISEMENT