Justices address habitual-offender statute

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The Indiana Supreme Court tackled the state’s habitual-offender statute today in two separate rulings, finding that an instant offense of drug dealing, coupled with a prior conviction, can qualify a defendant as a habitual offender.

In Andre Peoples v. State of Indiana, No. 79S02-0912-CR-549, Andre Peoples argued his instant offense of dealing in cocaine couldn’t be used in calculating the total number of unrelated felony convictions a person has for drug dealing. Peoples had prior unrelated convictions in Illinois for forgery and dealing in cocaine.

The trial court found Peoples was a habitual offender and sentenced him to an additional 10 years on top of his 10-year sentence for the Class B felony dealing in cocaine.  

The justices examined Indiana Code Section 35-50-2-8 and found subsections (b) and (d) work in concert to assure that all offenders who have accumulated three felony convictions, and at least one is a felony drug conviction, are treated alike, regardless of the order in which they were accumulated. They rejected Peoples’ interpretation that a person with an instant felony conviction for forgery and two prior felony drug convictions would be eligible for the enhancement, but someone whose prior convictions are forgery and a drug offense, and whose instant felony conviction is for a drug offense wouldn’t be eligible for enhancement.

“When the State filed Defendant’s habitual offender charge, he had accumulated one felony drug conviction. But we do not read the language of subsection (a) to preclude the State from filing habitual offender charges with respect to a defendant who, if convicted on the underlying charges, will have accumulated two unrelated felony drug convictions by the time habitual offender proceedings commence,” wrote Justice Frank Sullivan.

In Myron Owens v. State of Indiana, No. 49S02-0910-CR-429, the justices held that a conspiracy-to-deal conviction is not equivalent to a dealing conviction for the purposes of the habitual offender statute. Owens was convicted of Class A felony dealing in cocaine, Class B felony possession of cocaine and other charges. He was found to be a habitual offender based on his prior convictions of dealing in cocaine and conspiracy to deal.

The statute only counts certain offenses as prior felonies. If a defendant’s instant offense falls under Chapter 16-42-19 or 35-48-4, and isn’t specified in I.C. 35-50-2-2(b)(4), then the state can only seek to enhance the sentence if the defendant has two or more unrelated convictions for a dealing offense identified in subsection 8(b)(3)(C) of the habitual-offender statute. Conspiracy to deal isn’t explicitly set out in that subsection, wrote Justice Theodore Boehm.

The justices agreed with the reasoning in Huff v. State that because conspiracy to deal is a separate offense and not listed with dealing among the nonsuspendable offenses, conspiracy to deal is not suspendable under Indiana Code. They declined to equate conspiracy to deal with the dealing offenses found in subsection 8(b)(3)(C).

But because of Owens’ prior conviction of dealing in cocaine paired with his instant dealing conviction, he can be sentenced with a habitual-offender enhancement, wrote Justice Boehm. The justices affirmed his convictions and sentences in the instant case.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...