ILNews

Man’s additional charges should have been dismissed

Back to TopCommentsE-mailPrintBookmark and Share

The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.

When Cody Honeycutt was stopped by police, Indiana State Police Sgt. Todd Reed smelled burnt marijuana on Honeycutt. Honeycutt also admitted to smoking the drug earlier in the day and handed a bag of it to the officer. Reed took Honeycutt for a blood draw, but while results of the test were pending, he pleaded guilty without counsel to Class A misdemeanor possession of marijuana and a traffic infraction. He was sentenced to one year with all but eight days suspended.

When the results of the test came back a few days later, the state added two more charges under the same cause number: Class A misdemeanor operating while intoxicated and Class C misdemeanor operating a vehicle with a schedule I or II controlled substance in Honeycutt’s body. Now represented by an attorney, Honeycutt filed a motion dismiss on grounds they were barred by the Successive Prosecution Statute. The trial court denied it, and he was found guilty at a bench trial.

The Indiana Court of Appeals reversed. The state conceded that all four charges are connected, but it argued that it didn’t have probable cause to bring the operating charges at the same time as it brought the charge of possession of marijuana and traffic infraction.

The judges found there was probable cause to charge Honeycutt with the operating offenses at the same time, as Honeycutt had confessed to smoking the drug, there was marijuana on him, and based on the police sergeant’s observations of Honeycutt, Judge Nancy Vaidik wrote in Cody B. Honeycutt v. State of Indiana, 92A04-1203-CR-149.

“If the State believed that the lab results were the key piece of evidence it needed to file the operating charges, then it should have completed its investigation, dismissed the initially-filed Class A misdemeanor possession of marijuana and traffic infraction, and filed all four charges at the same time,” she wrote.

The Court of Appeals also held that Honeycutt did not waive his argument, as the state claimed, because both the trial court and the prosecutor warned him before he pleaded guilty that he could face more charges depending on the pending lab results.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT