ILNews

Use of wrong statute requires reversal of dealing conviction

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The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed the jury on an incorrect version of the statute that allows for enhancing dealing convictions.

Leroy Jones challenged his conviction of Class A felony dealing in cocaine as well as his sentence for that conviction and a Class B felony conviction of dealing in cocaine. Jones sold cocaine in a controlled buy to a confidential informant in May 2006 – once at the Greentree West Apartments and once at a gas station.

In November 2006, he was charged with the dealing counts and later convicted after a jury trial. He was sentenced to 35 years on the Class A felony and 15 years on the Class B felony to be served consecutively.

Jones argued his Class A felony dealing conviction should be reduced to a Class B felony because the jury was incorrectly instructed on the statutory definition of the offense of dealing within 1,000 feet of a family housing complex. The instruction used a definition of “family housing complex” that wasn’t in effect at the time of the offense: that it means a building or series of buildings that is operated as an apartment complex.

This definition wasn’t added until July 2006, after he committed his crimes. The version in effect at the time he dealt the cocaine defined it as a series of buildings owned by a governmental unit or political subdivision, contains at least 12 dwelling units, and where children are or are likely to live.

In Leroy Jones v. State of Indiana, No. 27A02-1002-CR-168, the Court of Appeals found the application of the revised statute violated the prohibition against ex post facto laws. The state didn’t prove that Greentree was a family housing complex even under the former version of the statute. Testimony from the apartment complex’s maintenance supervisor established there were 90 units, and that young families lived there. However, there was no evidence that the apartments were owned by a governmental unit or political subdivision, wrote Judge Ezra Friedlander.

“Accordingly, because the trial court erroneously instructed the jury as to the meaning of “family housing complex”, Jones’s dealing conviction under Count 1 was enhanced via a statute that, after the acts were committed, changed the elements of the crime of which he was charged. This violates the prohibition against ex post facto laws and therefore constitutes fundamental error,” he wrote.

The judges ordered Jones’ Class A felony conviction reduced to a Class B felony. They also found consecutive sentences to be inappropriate and remanded for re-sentencing based on the principles in the opinion.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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