Abbott v. State
950 N.E.2d 357
| Ind. Ct. App. | 2011Background
- Abbott was convicted of Class B possession of cocaine and Class A misdemeanor possession of marijuana in Howard Superior Court.
- A controlled buy linked a suspect dealer Brown to a vehicle stopped near Brown's home; officers observed a tinted black Oldsmobile and tracked its license plate.
- Jones, the driver, was stopped for tint and arrested for suspended license; marijuana odor led to Abbott being questioned and observed in the car.
- Police found baggies and rolling papers; Abbott was searched, resisted, and a warrant was obtained after coffee-table style justification and prior concealment history.
- A hospital body search uncovered a bag under Abbott’s scrotum with cocaine and marijuana; evidence was admitted over suppression objections.
- Abbott was sentenced to a 20-year aggregate term; he appeals on evidentiary suppression, school-zone enhancement validity, and sentence appropriateness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of warrant-derived evidence | Abbott argues the warrant lacked probable cause. | State contends magistrate had substantial basis for probable cause. | Probable cause supported warrant; admission affirmed. |
| Constitutionality of school-zone enhancement as applied | Abbott claims vagueness in the 1,000-foot school-zone rule. | State contends standard is clear as applied to Abbott. | Whatley control; enhancement not vague as applied. |
| Sentence appropriateness under Appellate Rule 7(B) | Abbott asserts sentence is inappropriate given circumstances. | State argues sentence appropriately reflects offense and offender. | Twenty-year sentence not inappropriate. |
Key Cases Cited
- Walker v. State, 668 N.E.2d 243 (Ind.1996) (school-zone strict liability; no need to prove knowledge of distance)
- Whatley v. State, 928 N.E.2d 202 (Ind.2010) (objective discernment of protected area sufficient for strict liability)
- Baumgartner v. State, 891 N.E.2d 1131 (Ind.Ct.App.2008) (preservation requirements for constitutional challenges; burden on defendant)
- Payne v. State, 484 N.E.2d 16 (Ind.1985) (failure to timely file proper motion to dismiss generally waives issue)
- Rhinehardt v. State, 477 N.E.2d 89 (Ind.1985) (preservation of issues when raising constitutional challenges)
- Collins v. State, 822 N.E.2d 214 (Ind.Ct.App.2005) (custody of evidence standard on review of trial court's ruling)
- Anglemyer v. State, 868 N.E.2d 482 (Ind.2007) (Appellate review of sentencing statements; dimensions of reasoned justification)
- Whatley v. State, 928 N.E.2d 202 (Ind.2010) (already listed; included for completeness of rationale on school-zone)