Albert Burton v. State of Indiana
2016 Ind. App. LEXIS 434
| Ind. Ct. App. | 2016Background:
- On Nov. 15, 2014, Burton was stopped and discovered to be driving with suspended privileges as a habitual traffic violator; charged under Ind. Code § 9-30-10-16 (2014) (Level 6 felony).
- At the time of the offense subsection (c) mandated that a felony conviction under the statute "forfeits the privilege of operating a motor vehicle for life."
- Subsection (c) was repealed effective July 1, 2015, before Burton was sentenced.
- Burton pleaded guilty to a Level 6 felony under a plea agreement (545 days, remainder suspended); plea stated "Defendant’s license suspension open to argument."
- At sentencing Burton argued the repealed lifetime forfeiture did not apply and alternatively that a post-offense statute limited suspension to 2.5 years; the trial court disagreed, accepted the plea, announced it would order a lifetime forfeiture, and stayed entry of judgment to permit an interlocutory appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lifetime forfeiture in § 9-30-10-16(c) applies when repealed after offense but before sentencing | State: the statute in effect at the time of the offense controls; lifetime forfeiture applies | Burton: subsection (c) was repealed before sentencing so it cannot be applied; alternatively, court could impose a limited suspension under later statute | Court held the law at the time of the offense governs; lifetime forfeiture applies and remanded to enter judgment accordingly |
Key Cases Cited
- Collins v. State, 911 N.E.2d 700 (Ind. Ct. App. 2009) (general rule that law in effect at time of offense controls)
- State v. Vankirk, 955 N.E.2d 765 (Ind. Ct. App. 2011) (distinguishing suspension from forfeiture: suspension is for a definite period; forfeiture is for life)
- Winbush v. State, 776 N.E.2d 1219 (Ind. Ct. App. 2002) (doctrine of amelioration may allow sentencing under more lenient law in effect at sentencing)
- Renfroe v. State, 743 N.E.2d 299 (Ind. Ct. App. 2001) (limitations on applying amelioration doctrine to certain post-conviction credits)