(Download) "Marlo A. Stanek v. State Indiana" by Supreme Court of Indiana No. 71S03-9211-CR-914 " eBook PDF Kindle ePub Free

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eBook details

Title: Marlo A. Stanek v. State Indiana
Author : Supreme Court of Indiana No. 71S03-9211-CR-914
Release Date : January 17, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

DeBRULER, J., This cause comes to us on a petition to transfer from the Third District Court of Appeals. Following a jury
trial in September, 1990, appellant, Marlo A. Stanek, was convicted of Count I, operating a motor vehicle after driving privileges
are forfeited for life, a class C felony, Ind. Code 9-12-3-2 (repealed by P.L.2-1991, Sec. 109) (current version at I.C. 9-30-10-17);
and Count II, habitual offender, I.C. 35-50-2-8. Appellant received a four (4) year sentence on Count I, which sentence was
enhanced by twenty (20) years for being a habitual offender. A divided Court of Appeals affirmed. Stanek v. State (1992),
Ind., 587 N.E.2d 736. We now grant transfer and affirm appellant's conviction on Count I, but reverse the habitual offender
determination and remand for resentencing. The facts most favorable to the judgment are as follows: At approximately 2:30 a.m. on January 19, 1990, St. Joseph county
police officers observed a speeding automobile. When the officers stopped the vehicle, they observed appellant, the driver
of the car, switch places with the back seat passenger. The officers determined that appellant's driving privileges had been
forfeited for life and placed him under arrest.