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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT