ILNews

Statute doesn’t allow consecutive habitual offender sentences

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed a man’s sentence for operating a vehicle while intoxicated, finding the trial court had no authority to order his present sentence, enhanced by the habitual substance offender statute, to be served consecutively to his previously enhanced sentences.

John Jacob Venters appealed his sentence referred to as Cause No. FD-011 in court records, in which he pleaded guilty to Class D felony operating a vehicle while intoxicated. He admitted to being a habitual substance offender. The trial court sentenced him to three years on the charge, enhanced by seven years because of the habitual substance offender statute. Two years of the executed sentence were suspended to probation. The sentence was ordered to be served consecutively to sentences imposed under Cause Nos. FB-024, FC-064, and FB-011. Those cases involve felony drug convictions as well as reckless homicide. He was also found to be a habitual substance offender and habitual offender in those cases.

In John Jacob Venters v. State of Indiana, 79A02-1305-CR-481, the Court of Appeals reversed the trial court and remanded for his sentence in the OVWI case to be served concurrently with the other sentences.

Absent express statutory authority to do so, trial courts cannot impose consecutive enhanced sentences, regardless of the circumstances under which they arise, Judge Rudolph Pyle III wrote, citing Starks v. State, 523 N.E.2d 735 (Ind. 1988), and Aslinger v. State, 2 N.E.3d 84 (Ind. Ct. App. 2014).

“The habitual offender and habitual substance offender statutes have been amended several times since Starks. With those amendments, the statutes are still silent on a trial court’s authority to impose consecutive habitual offender sentences. Accordingly, we reverse and remand to the trial court with instructions to run Venters’s enhanced sentence at issue in this case concurrently with any previous sentence enhanced by the habitual offender or habitual substance offender statutes,” he wrote.
 

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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT