Hancock v. State

Indiana Supreme Court

Hancock v. State

768 N.E.2d 880, 2002 Ind. LEXIS 226, 2002 WL 442393

CourtIndiana Supreme Court

DecidedMarch 22, 2002

Docket47S01-0203-CR-190

StatusPublished

Cited by10 cases

This text of 768 N.E.2d 880 (Hancock v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hancock v. State, 768 N.E.2d 880, 2002 Ind. LEXIS 226, 2002 WL 442393 (Ind. 2002).

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Opinion

ORDER

Following a jury trial, judgment was entered against the appellant herein, Joseph N. Hancock, on convictions of Rape as a Class A felony and Criminal Deviate Conduct as a Class A felony. Appellant was sentenced to fifty years on the Rape charge, and fifty years on the Criminal Deviate Conduct charge, the sentences to be served consecutively. The Court of Appeals affirmed. Hancock v. State, 758 N.E.2d 995 (Ind.Ct.App.2001) The appellant filed, by counsel, a petition seeking transfer of jurisdiction pursuant to Appellate Rules 56(B) and 57.

Rape is generally a Class B felony that, under certain cireumstances, can be elevated to Class A status. See Ind.Code § 35-42-4-1,. In this instance, appellant was convicted and sentenced for Rape as a Class A felony because the offense was facilitated by drugging the vietim without the victim's knowledge. See Ind.Code § 35-42-4-1(b)(4). Criminal Deviate Conduct is also generally a Class B felony that may be elevated, and appellant similarly received a Class A felony conviction and sentence, again because the offense was facilitated by the same drugging of the victim without the victim's knowledge. See Ind.Code § 85-42-4-2.

We have held that where a felony is elevated in class based on the same statutory factor and factual basis that was used to elevate another felony in class, the two cannot stand together and one must be reduced in class. See Pierce v. State, 761 N.E.2d 826, 830 (Ind.2002).

Pursuant to Appellate Rule 58, we grant transfer of jurisdiction and direct that appellant's Criminal Deviate Conduct convietion be reduced to a class B felony and that he be re-sentenced accordingly. In all other respects, the decision of the is summarily affirmed. See Ind. Appellate Rule 58(A)(2). The cause is remanded to *881 the trial court for proceedings consistent with this mandate.

All Justices concur.

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ORDER

Following a jury trial, judgment was entered against the appellant herein, Joseph N. Hancock, on convictions of Rape as a Class A felony and Criminal Deviate Conduct as a Class A felony. Appellant was sentenced to fifty years on the Rape charge, and fifty years on the Criminal Deviate Conduct charge, the sentences to be served consecutively. The Court of Appeals affirmed. Hancock v. State, 758 N.E.2d 995 (Ind.Ct.App.2001) The appellant filed, by counsel, a petition seeking transfer of jurisdiction pursuant to Appellate Rules 56(B) and 57.

Rape is generally a Class B felony that, under certain cireumstances, can be elevated to Class A status. See Ind.Code § 35-42-4-1,. In this instance, appellant was convicted and sentenced for Rape as a Class A felony because the offense was facilitated by drugging the vietim without the victim's knowledge. See Ind.Code § 35-42-4-1(b)(4). Criminal Deviate Conduct is also generally a Class B felony that may be elevated, and appellant similarly received a Class A felony conviction and sentence, again because the offense was facilitated by the same drugging of the victim without the victim's knowledge. See Ind.Code § 85-42-4-2.

We have held that where a felony is elevated in class based on the same statutory factor and factual basis that was used to elevate another felony in class, the two cannot stand together and one must be reduced in class. See Pierce v. State, 761 N.E.2d 826, 830 (Ind.2002).

Pursuant to Appellate Rule 58, we grant transfer of jurisdiction and direct that appellant's Criminal Deviate Conduct convietion be reduced to a class B felony and that he be re-sentenced accordingly. In all other respects, the decision of the is summarily affirmed. See Ind. Appellate Rule 58(A)(2). The cause is remanded to *881 the trial court for proceedings consistent with this mandate.

All Justices concur.

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Bluebook (online)

768 N.E.2d 880, 2002 Ind. LEXIS 226, 2002 WL 442393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hancock-v-state-ind-2002.

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