Corey A. McAlpin v. State of Indiana
39A01-1606-CR-1417
| Ind. Ct. App. | Mar 22, 2017Background
- On August 21, 2014 (a school day), police searched Corey McAlpin’s apartment and found ingredients and equipment used to manufacture methamphetamine; his apartment lay within 500 feet of Bicentennial Park in Madison, Indiana.
- Bicentennial Park contains an outdoor amphitheater, bathhouses, playfields/green space, but—according to testimony—no playground equipment, benches, and likely only one tree; no performance occurred at the amphitheater that day.
- The State charged McAlpin with dealing (manufacturing) methamphetamine; the charge was enhanced from a Level 5 to a Level 4 felony under the drug-free zone statute because the offense occurred within 500 feet of a public park “while a person under eighteen years of age was reasonably expected to be present.”
- At trial the defense conceded proximity but argued children were not reasonably expected to be at the park at 10:00 a.m. on a school day; the prosecutor argued preschool or home-schooled children might reasonably be present.
- The jury convicted McAlpin of the Level 4 felony; the trial court sentenced him to ten years. On appeal the court considered whether the State proved that children were reasonably expected to be at the park at the time of the offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved beyond a reasonable doubt that a person under 18 was "reasonably expected to be present" at Bicentennial Park at 10 a.m. on a school day | Children (e.g., preschoolers or home-schooled kids) could reasonably be present in the park during the day; the park's open green space and central location support that inference | Given it was a school day and the park lacks playgrounds, benches, and shade, the presence of children at 10 a.m. was not reasonably expected | The majority held the State failed to prove that children were reasonably expected to be present and vacated the Level 4 enhancement, remanding for conviction as a Level 5 felony |
Key Cases Cited
- Whatley v. Zatecky, 833 F.3d 762 (7th Cir. 2016) (discusses Indiana drug-free zone statute and notice/limitation concerns)
- McHenry v. State, 820 N.E.2d 124 (Ind. 2005) (standard of review for sufficiency claims)
- Lock v. State, 971 N.E.2d 71 (Ind. 2012) (scope of review: examine probative evidence and reasonable inferences supporting verdict)
- Norris v. State, 27 N.E.3d 333 (Ind. Ct. App. 2015) (discusses prior statutory scheme for drug-free zone enhancements)