Legal Opinion

Devonte Owens v. State of Indiana

Indiana Court of Appeals

Decided January 31, 2017No. Court of Appeals Case 49A02-1605-CR-1142PublishedCited by 4 opinions

1Opinion of the Court

Baker, Judge.

Devonte Owens appeals his sentence for Carrying a Handgun Without a License, 1 a Class A Misdemeanor, arguing that he was denied due process at his sentencing hearing. Finding that Owens did not receive due process, we reverse and remand for a new sentencing hearing. 2

Facts

On August 15, 2015, Officer Brett Bousema of the Indianapolis Metropolitan Police Department made a traffic stop after observing a car make several traffic violations. Officer Bousema asked the driver, Quina Simon, and the two occupants in the car for identification. One passenger identified himself as Owens,…

2Cases cited2 opinions

  1. United States v. Walter BarnesCourt of Appeals for the Seventh Circuit · 1991
  2. Vicory v. StateIndiana Supreme Court · 2004

3Cited by4 opinions

  1. Ivan Jones v. State of IndianaIndiana Court of Appeals · 2017
  2. Ivan Jones v. State of IndianaIndiana Court of Appeals · 2017
  3. Ivan Jones v. State of IndianaIndiana Court of Appeals · 2017
  4. Michael L. Townsend v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2017

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