Akers v. State
963 N.E.2d 615
Ind. Ct. App.2012Background
- Akers was convicted by a jury of battery, resisting law enforcement, and possession of paraphernalia, all Class A misdemeanors.
- Sentences: one year for each conviction; battery and resisting law enforcement consecutive to each other and consecutive to possession of paraphernalia, for an aggregate two-year term.
- Indiana Code 35-50-1-2 limits consecutive sentences for felony convictions arising from an episode of criminal conduct, except for crimes of violence.
- Akers’ offenses included a battery and resisting law enforcement with paraphernalia possession discovered during or after the offenses; no felony occurred.
- The State dismissed the habitual offender and marijuana felony counts; Akers appealed challenging the statute on equal protection and standing.
- The court held Akers lacked standing because his convictions did not arise from an episode of criminal conduct, so the statute wouldn’t apply to him anyway, and affirmed the convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Indiana Code 35-50-1-2 violate equal protection or Indiana Constitution Article 1, Section 23? | Akers contests that the statute only restricts consecutive sentencing when felonies are involved. | State argues the challenge is not moot and that the statute could apply to some misdemeanor cases. | Akers lacks standing; the statute would not apply to him even if generally applicable. |
| Did Akers’ convictions constitute an episode of criminal conduct, making the statute applicable? | Akers contends the offenses were related as an episode. | State maintains there was no single episode tying all offenses together under the statute. | Convictions did not arise from a single episode of criminal conduct; thus the sentencing-limit did not apply. |
| Was the constitutional challenge waived or timely raised? | Akers alleges the issue was preserved on appeal. | State asserts waiver. | Challenge not waived; court addressed standing and applicability instead. |
Key Cases Cited
- Purdy v. State, 727 N.E.2d 1091 (Ind.Ct.App.2000) (statute applicable to mixed felony/misdemeanor sentencing scenarios)
- Dunn v. State, 900 N.E.2d 1291 (Ind.Ct.App.2009) (no felonies; statute inapplicable to all-misdemeanor cases)
- Ratliff v. State, 741 N.E.2d 424 (Ind.Ct.App.2000) (possession can be ongoing; episode-of-criminal-conduct timing issue)
- Johnican v. State, 804 N.E.2d 211 (Ind.Ct.App.2004) (possession during other offenses; some courts treat as part of episode)