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Supreme Court split over reducing man's sentence

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The Indiana Supreme Court was divided 3-2 over whether to reduce the sentence of a man who received the maximum 20 years for having cocaine within 1,000 feet of a school when police stopped his vehicle.

In Antwon Abbott v. State of Indiana, No. 34S02-1202-CR-110, Justices Robert Rucker and Frank Sullivan and Chief Justice Randall Shepard ordered the trial court to reduce Antwon Abbott’s 20-year sentence to 12 years. Abbott was the passenger in a car that was pulled over for a “window tint” violation. The car was stopped near a private school. Abbott had rolling papers, a plastic bag with 26 smaller baggies, and a plastic baggie taped under his scrotum that had 1.15 grams of cocaine and 5.17 grams of marijuana.

If not for being stopped by the officer near the school, then Abbott would have been charged with Class D felony possession of cocaine, which carries a maximum penalty of three years. These circumstances “weigh heavily” in assessing the appropriateness of his sentence, wrote Rucker. Despite Abbott’s extensive criminal history, the majority decided his sentence should be shortened.

“These circumstances compel us to conclude that although Abbott’s character does not necessarily justify a revision of his sentence, the nature of Abbott’s offense in this case renders his twenty-year maximum sentence inappropriate,” wrote Rucker.

Justices Steven David and Brent Dickson dissented because they wanted the original sentence left in tact.

“Although sympathy may arise when a defendant who commits a Class D felony suddenly finds himself facing a Class B felony sentence, the trial court here adequately justified the sentence imposed,” David wrote.

Police found a substantial amount of drugs on Abbott and he has a long criminal history. David cited a portion of the Indiana Court of Appeals opinion which upheld the 20-year sentence that said “Clearly, Abbott has not reformed his criminal behavior despite his numerous prior contacts with the criminal justice system.”

 

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

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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