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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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