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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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