Livingston v. State, 122818 INSC, 18S-CR-623

Docket Nº:18S-CR-623
Opinion Judge:PER CURIAM.
Party Name:Lisa Livingston, Appellant (Defendant below), v. State of Indiana, Appellee (Plaintiff below).
Attorney:ATTORNEYS FOR APPELLANT Stacy R. Uliana Bargersville, Indiana Jennifer H. Culotta New Albany, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Laura R. Anderson Deputy Attorney General Indianapolis, Indiana
Judge Panel:Rush, C.J., and David, Massa, and Goff, JJ., concur. Slaughter, J., dissents
Case Date:December 28, 2018
Court:Supreme Court of Indiana
 
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Lisa Livingston, Appellant (Defendant below),

v.

State of Indiana, Appellee (Plaintiff below).

No. 18S-CR-623

Supreme Court of Indiana

December 28, 2018

Appeal from the Orange Circuit Court, No. 59C01-1308-FA-546 The Honorable Steven L. Owen, Judge

On Petition to Transfer from the Indiana Court of Appeals, No. 18A-CR-716

ATTORNEYS FOR APPELLANT Stacy R. Uliana Bargersville, Indiana Jennifer H. Culotta New Albany, Indiana

ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Laura R. Anderson Deputy Attorney General Indianapolis, Indiana

OPINION

PER CURIAM.

Without a plea agreement, Lisa Livingston pled guilty to multiple drug charges and admitted to being a habitual substance offender. The trial court sentenced Livingston to an aggregate sentence of thirty years to be served in the Indiana Department of Correction. Finding this to be a rare and exceptional case, we grant Livingston's petition to transfer and, pursuant to Appellate Rule 7(B), reduce Livingston's sentence to twenty-three years with the time remaining to be served in community corrections.

In August 2013, police officers received information that Livingston was manufacturing and dealing methamphetamine. Officer Andry was familiar with Livingston and drove to her home. Andry was in the process of securing a search warrant when Livingston arrived. She was cooperative. Police recovered several baggies of methamphetamine totaling 3.35 grams, one baggie of cocaine weighing 1.89 grams, 1 and items known to be used in manufacturing methamphetamine.

Livingston was charged in the Orange Circuit Court with two Class A felony counts of dealing in methamphetamine; one Class C felony count of possession of methamphetamine; and two Class D felony counts, possession of cocaine and possession of two or more chemical reagents or precursors with the intent to manufacture a controlled substance. (Appellant's App. Vol. II, pp. 18-19.) The State also alleged Livingston is a habitual substance offender.

In November 2013, Livingston posted a $75, 000 property bond and was released on the condition she reside at Bliss House, a...

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