Legal Opinion · Dissent

Arrion Walton v. State of Indiana

Indiana Court of Appeals

Decided August 4, 2017No. Court of Appeals Case 79A04-1604-CR-768Published

1DissentBailey, Judge

I would resolve this ease differently from the majority in three respects. First, I would conclude that the SVF statute does not support two convictions under these facts. Second, because the trial court orally entered judgment of conviction on the lesser-included possession counts, and having already identified multiple issues with the sentencing order, I would instruct the-trial court to vacate the lesser-included counts that it later merged. Third, although I agree that Walton’s drug-related counts warrant concurrent, sentences under Beno and its progeny,- in light .of the resultant…

2Cases cited16 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. Michael Day v. State of IndianaIndiana Supreme Court · 2016
  3. Sanders v. StateIndiana Supreme Court · 1984
  4. Adams v. StateIndiana Supreme Court · 2012
  5. Green v. StateIndiana Supreme Court · 2006

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