Jones v. State

569 N.E.2d 975, 1991 Ind. App. LEXIS 599, 1991 WL 59785
CourtIndiana Court of Appeals
DecidedApril 15, 1991
Docket48A02-8912-CR-638
StatusPublished
Cited by28 cases

This text of 569 N.E.2d 975 (Jones v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. State, 569 N.E.2d 975, 1991 Ind. App. LEXIS 599, 1991 WL 59785 (Ind. Ct. App. 1991).

Opinions

BUCHANAN, Judge.

CASE SUMMARY

Defendant-appellant David Jones (Jones) appeals from his conviction for recklessness 1 and the determination that he was an habitual class D felony offender,2 claiming that the evidence was insufficient to sustain his conviction, that the trial court erred when it admitted evidence, that he was charged and sentenced under the wrong habitual offender statute, and that he received ineffective assistance of counsel.

We affirm.

FACTS

The facts most favorable to the jury's verdict reveal that the victim, Jones' ex-wife, saw Jones at her place of employment, a bar, on July 19, 1988. Jones had a bulge in his shirt which appeared to be a gun. Jones left the bar and telephoned the victim, threatening to shoot her. The vie tim notified the police of Jones' threat, and she left work early.

On the way home, while stopped at a stop sign, the victim noticed Jones in a car in the adjoining lane. Jones was sitting with his head and torso out of the vehicle, which was being driven by a young woman and which also contained one other passenger. Jones pointed his gun at the victim and fired three shots in the direction of her car. The car then sped away.

Jones was arrested and charged with recklessness, a class D felony. Jones was also alleged to be an habitual class D felony offender on the basis of his 1979 convietion for possession of marijuana, a class D felony, and his 1982 conviction for operating a motor vehicle while an habitual traffic offender, a class D felony. After a trial by jury on August 7th and 8th, 1989, Jones was convicted on both counts and he received a four-year term of imprisonment for his recklessness conviction, enhanced by eight years due to his status as an habitual class D felony offender, for a total term of imprisonment of twelve years. Thus he was sentenced under the D Felony Statute, infra.

ISSUES

1. Whether Jones was prosecuted under the proper habitual offender statute?
2. Whether the evidence was sufficient to sustain Jones' recklessness conviction?
8. Whether the trial court properly sustained the State's objection during cross-examination?
4. Whether the trial court properly overruled Jones' objection during questioning of victim?
5. Whether the trial court erred during rebuttal and surrebuttal testimony?
6. Whether Jones received ineffective assistance of counsel?

DECISION

ISSUE ONE-Was Jones prosecuted under the proper habitual offender statute?

PARTIES' CONTENTIONS-Jones argues that the habitual offender statute under which he was prosecuted did not apply to him because his prior felonies were committed before that statute was enacted in 1985, citing Moncrief v. State (1988), Ind. [978]*978App., 525 N.E.2d 1286. The state responds that the statute applies to Jones because the underlying felony with which he was charged was committed on July 19th, 1988, after the effective date of the statute.

CONCLUSION-Jones was prosecuted under the proper statute.

The resolution of Jones' argument is aided by historical perspective. We must examine the 1984 habitual offender statute, its 1985 reincarnation and the 1985 habitual class D felony offender statute which was added by a 1985 amendment to the habitual offender statute. We must also consider the effect of an uncodified savings clause included in the 1985 amending legislation.

In 1984, IC 35-50-2-8 (1984) [hereinafter referred to as the Habitual Offender Statute] provided for sentencing defendants as habitual offenders without distinguishing between different classes of felonies.

In 1985, the legislature enacted P.L. 328-1985, which added the habitual class D felony offender statute, IC 85-50-2-7.1 (1985) [hereinafter referred to as the D Felony Statute], and which amended the Habitual Offender Statute. The D Felony Statute created a new class of habitual offender, the "habitual Class D felony offender," which consisted of defendants who had an underlying class D felony conviction and whose prior, unrelated enhancing felonies were also class D felonies. The D Felony Statute reduced the maximum enhancement from 80 years under the 1984 Habitual Offender Statute to 8 years. The Habitual Offender Statute was modified and amended with section (h), which provided: "A person may not be sentenced as an habitual offender under this section if ail of the felonies relied upon for sentencing the person as an habitual offender are Class D felonies." IC 35-50-2-8(h) (emphasis supplied).

The enacting legislation, P.L. 828-1985, contained the following uncodified savings clause:

"SECTION 3. (a) The addition of IC 35-50-2-7.1 and the amendment of IC 35-50-2-8 by this act do not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred; or
(8) proceedings begun;
before September 1, 1985. The rights, liabilities, and proceedings are continued and punishments, penalties, or forfeitures shall be imposed and enforced under IC 835-50-2-8 as if this act had not been enacted.
(b) If all of the felonies relied upon for sentencing a person as an habitual offender under IC 25-50-2-8 are felonies that were committed before September 1, 1985, the felonies shall be prosecuted and remain punishable under IC 85-50-2-8 as if this act had not been enacted." (Emphasis supplied).

Jones asserts that section (b) [hereinafter referred to as the Savings Clause] prohibits the State from prosecuting and sentencing him as an habitual class D felony offender because his prior class D felony convictions were committed before September 1, 1985 (ie. 1979 and 1982). Therefore, he claims, he was tried and sentenced under the wrong statute and his sentence must be vacated.

In reviewing a statute, we must give effect and meaning to every word, if possible, and no part should be held meaningless if it can be reconciled with the rest of the statute. Guinn v. Light (1990), Ind., 558 N.E.2d 821; Spaulding v. Int'l Bakers Serv., Inc. (1990), Ind., 550 N.E.2d 307. A statute should not be viewed as if the reader is peering at it through a keyhole. It must be read with its companions.

We first observe that the Savings Clause, by its own terms, applies only when sentencing a person under the Habitual Offender Statute. Jones was sentenced under the D Felony Statute, so by a plain reading of the statute, it would appear the Savings Clause is not relevant to Jones' sentencing.

Reading the Savings Clause as Jones suggests would make meaningless, and give no effect to, the phrase "under IC 35-50-2-8" used in the clause. As it is possible to give meaning to that phrase by applying the Savings Clause only to defendants sentenced under the Habitual Offender Statute, we must do so. Guinn, supra; Spaulding, supra. Therefore, we [979]*979conclude that because Jones was sentenced under the D Felony Statute, the Savings Clause did not apply and that he was properly sentenced.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Darryl Calvin v. State of Indiana
87 N.E.3d 474 (Indiana Supreme Court, 2017)
Jamie Carson v. State of Indiana (mem. dec.)
Indiana Court of Appeals, 2015
Gregory Davis v. State of Indiana
Indiana Court of Appeals, 2014
Orndorff v. New Albany Housing Authority
843 N.E.2d 592 (Indiana Court of Appeals, 2006)
DDK v. State
750 N.E.2d 885 (Indiana Court of Appeals, 2001)
City of Fort Wayne v. Certain Southwest Annexation Area Landowners
744 N.E.2d 996 (Indiana Court of Appeals, 2001)
State v. Derossett
714 N.E.2d 205 (Indiana Court of Appeals, 1999)
Bragg v. State
695 N.E.2d 179 (Indiana Court of Appeals, 1998)
Perkins v. State
694 N.E.2d 292 (Indiana Court of Appeals, 1998)
Sullivan v. Day
661 N.E.2d 848 (Indiana Court of Appeals, 1996)
Payne v. State
658 N.E.2d 635 (Indiana Court of Appeals, 1995)
Olejniczak v. Town of Kouts
651 N.E.2d 1197 (Indiana Court of Appeals, 1995)
Morrison v. State
613 N.E.2d 865 (Indiana Court of Appeals, 1993)
Johnson v. State
593 N.E.2d 1181 (Indiana Supreme Court, 1992)
Abron v. State
591 N.E.2d 634 (Indiana Court of Appeals, 1992)
McCullough v. Archbold Ladder Co.
587 N.E.2d 158 (Indiana Court of Appeals, 1992)
Johnson v. State
585 N.E.2d 1352 (Indiana Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
569 N.E.2d 975, 1991 Ind. App. LEXIS 599, 1991 WL 59785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-indctapp-1991.