Johnson v. State
| Decision Date | 03 May 1990 |
| Docket Number | No. 49S00-8811-CR-939,49S00-8811-CR-939 |
| Citation | 553 N.E.2d 477 |
| Parties | Michael A. JOHNSON, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
Nancy L. Broyles, McClure, McClure & Kammen, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Indianapolis, for appellee.
A jury trial resulted in the conviction of appellant of Count I, Dealing in Cocaine, a Class B felony, for which he received a sentence of fifteen (15) years; Count II, Possession of Cocaine, a Class D felony, for which he received a sentence of four (4) years; Count III, Dealing in a Schedule I Controlled Substance, a Class B felony, for which he received a sentence of fifteen (15) years; Count IV, Possession of a Controlled Substance, a Class D felony, for which he received a sentence of four (4) years; Count V, Dealing in Marijuana, a Class D felony, for which he received a sentence of four (4) years; Count VI, Possession of Marijuana, a Class D felony, for which he received a sentence of four (4) years; and Count VII, Carrying a Handgun Without a License, a Class A misdemeanor, for which he received a sentence of one (1) year. The court ordered that Counts I and II were to be served concurrently to each other but consecutively to Counts III and IV. He further ruled that Counts III and IV be served concurrently to each other, and that Counts V and VI also be served concurrently to each other and to Counts I, II, III, and IV. Count VII was to be served consecutively to Counts I, II, III, and IV, for a total executed sentence of thirty-one (31) years.
The facts are: On November 3, 1987, Indianapolis Police Officer Black was preparing to begin his duty shift when he heard two gunshots nearby. Dewayne Johnson immediately ran to the officer claiming that a man was shooting at him. Johnson pointed the man out and also indicated the man's automobile to the officer. The officer observed appellant enter an entryway to the apartment building near his parked car. The officer observed appellant place an object under a radiator in the foyer. Upon investigation, Officer Black discovered the object to be a revolver.
The officer arrested appellant and proceeded to search him. The search revealed a controlled substance which later was determined to be marijuana. The officer found a substance which later was discovered to be LSD. He also found what later was discovered to be 1.361 grams of cocaine. The officer then had the license plate of the vehicle checked and found that appellant was the owner and further that the location in which it was parked was not appellant's residence.
Inasmuch as appellant was placed under arrest and was to be transported to the jail, the officer impounded his automobile. An inventory search of the vehicle revealed paraphernalia and controlled substances including a total of 143.93 grams of marijuana. The officer also found a second handgun in appellant's car.
Appellant claims the trial court erred when it overruled his motion to suppress items seized pursuant to what he claims was an illegal search of his car. Officer Black obviously had probable cause to effect an arrest of appellant under the circumstances described above. Further, when the search of appellant produced controlled substances necessitating appe...
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Fair v. State
...The Attorney General rightly points out that we do not here write on a clean slate. We had before us a similar case in Johnson v. State (1990), Ind., 553 N.E.2d 477, where defendant's car was impounded from the parking lot of an apartment complex at which he did not reside. The facts and ho......
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