Beno v. State
| Decision Date | 25 November 1991 |
| Docket Number | No. 32S01-9111-CR-926,32S01-9111-CR-926 |
| Citation | 581 N.E.2d 922 |
| Parties | Jerry BENO, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Defendant-Appellant, Jerry Beno petitions us to accept transfer from the Court of Appeals' affirmance of his jury convictions and sentences for dealing in cocaine in an amount exceeding three grams, a class A felony, dealing in cocaine in an amount under 3 grams, a class B felony, and maintaining a common nuisance, a class D felony. 570 N.E.2d 1371. His petition alleges that the Court of Appeals failed to follow ruling precedent of this Court on the issues of sufficiency of the evidence, entrapment, and unreasonableness of sentence. We accept transfer in order to review and revise his sentences but, pursuant to App. Rule 11(B)(3), adopt and incorporate by reference the Court of Appeals' memorandum decision affirming the convictions.
The evidence reveals that Beno participated in the sale of cocaine to an acquaintance, Walter Sublett, on two occasions: April 14 and April 18, 1989. Unbeknownst to Beno, Sublett had been arrested for public intoxication and possession of marijuana and had made arrangements with the police to participate in controlled drug purchases in order to have his charges dismissed. The April 14 sale and the April 18 sale were practically identical, except that the weight of the cocaine in the first sale was 3.1 grams, while the weight in the second was 2.9 grams. On both occasions, Sublett went to Beno's house, paid for the cocaine and waited while Beno and a friend (first sale) and Beno's friend alone (second sale) left to procure the cocaine. After conviction, Beno was sentenced to the maximum sentence on each of the three convictions with each sentence to be served consecutively and was ordered to pay the maximum fines for each conviction. In all, Beno was sentenced to a total of 74 years imprisonment and $30,000 of fines.
Beno argues that this sentence is manifestly unreasonable. We agree. In sentencing Beno, the trial court, reciting that Beno had an extensive criminal record, had failed to take advantage of offered drug rehabilitation programs, and allegedly had committed a violation of probation, stated:
Here in our County and across the Country I don't think there can be any doubt ... Mr. Beno that dealing in cocaine and the use of cocaine ... destroys the very fabric our Country's made of, whether you deal it to a friend or deal it to somebody you don't know. ... [f]rom President Bush right on down to these "just say no" drug people over here at Harris Elementary, everybody knows everybody knows [sic] that dealing in cocaine is just about as bad as you can get. I'm really surprised at the ease the testimony revealed. You go to somebody's house and in a very short period of time bring back the cocaine to somebody that you thought was your friend. That tells me something about your character, your ability to understand the danger to everybody that you uh...
To continue reading
Request your trial
-
Meriweather v. State
...the particular offense and offender involved. App.R. 17(B)(2). See also Wilson v. State (1992) Ind., 583 N.E.2d 742, 743; Beno v. State (1991) Ind., 581 N.E.2d 922, 924. The criteria listed in I.C. 35-38-1-7.1(b) and (c) (Burns Code Ed.Supp.1995) illustrate some examples of the facts that, ......
-
Gutermuth v. State
...or political message. A trial judge's desire to send a message is not a proper reason to aggravate a sentence." Beno v. State, 581 N.E.2d 922, 924 (Ind.1991). Because the trial court did not specifically cite this "message" as a basis for imposing enhanced and consecutive sentences, however......
-
Charles v. State
...for especially harsh treatment in order to serve the utilitarian purpose of sending a message to the community. See Beno v. State, 581 N.E.2d 922, 924 (Ind.1991) (trial judge's desire to "send a message" to other drug dealers was not a proper reason to aggravate a sentence); Commonwealth v.......
-
Chavez v. State
...(140-year sentence for three counts of dealing and three counts of conspiracy manifestly unreasonable); cf. also Beno v. State, 581 N.E.2d 922, 924 (Ind.1991) (seventy-four-year sentence for two counts of dealing and one count of maintaining a common nuisance manifestly Conclusion For the f......