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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

ADVERTISEMENT