I thought I read somewhere, that once in the trash/dumpster it was ruled public domain or something like that??
"...Once in the dumpster your trash is now considered public property by the Supreme Court..."
Sorry that is all there is to it.
Exactly. She commited a heinous crime by taking a box out of the dumpster because she was moving. Definetly not a proper person and I will be sleeping better at night just knowing that she was denied.It's good to know that hardend criminals like this person can't get their carry permit. Makes me feel safer than ever.
The time doesn't matter.
This might have been one of those cases to take to trial by jury.
How long have you been a member of IPAC?
Via the magic of the law . . . *bling* a Class D Felony can be entered as a misdemeanor. Maybe the State po-po believes this misinformation too?
Let's look at the statute, I.C. 35-50-2-2:
(a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and
(B) the prior felony was committed less than three (3) years before the second felony was committed;
(2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or
(3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action whenever it exercises the power to enter judgment of conviction of a Class A misdemeanor granted in this subsection.
Lots of misdemeanor Thefts in Indiana. I see a lot of them.
You'll notice there are two different charges with virtually identical definitions. Exerting unauthorized control over another person's property can be charged as EITHER D Felony Theft, or Class A Misdemeanor Conversion. Unlike many other States Indiana's statutes don't lay out a $ value at which it goes from the Misdemeanor Conversion charge to the Felony Theft charge. The arresting Officer has discretion as to which charge to use, the prosecutor has discretion as to which charge to pursue, and the Judge has discretion over how to enter the conviction. However is you are charged with Theft, you are being charged with a Felony, what if any conviction you end up with is at the discretion of the prosecutor and Judge......IC 35-43-4-2
Theft; receiving stolen property
Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony.
IC 35-43-4-3
Conversion
Sec. 3. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor.
You'll notice there are two different charges with virtually identical definitions. Exerting unauthorized control over another person's property can be charged as EITHER D Felony Theft, or Class A Misdemeanor Conversion. Unlike many other States Indiana's statutes don't lay out a $ value at which it goes from the Misdemeanor Conversion charge to the Felony Theft charge. The arresting Officer has discretion as to which charge to use, the prosecutor has discretion as to which charge to pursue, and the Judge has discretion over how to enter the conviction. However is you are charged with Theft, you are being charged with a Felony, what if any conviction you end up with is at the discretion of the prosecutor and Judge......
Nope, the theft is still a Felony according to the IC, however the judgement is entered as an A Misdemeanor.
If you are arrested/charged with Theft you are charged with a D Felony, regardless of value, what the Court enters the final conviction as is up to the Court to decide....
However is you are charged with Theft, you are being charged with a Felony, what if any conviction you end up with is at the discretion of the prosecutor and Judge
What is controlling is the final disposition. If Theft is entered as a misdemeanor then it is not a felony. Theft can be a felony OR a misdemeanor. There are many misdemeanor Thefts out there.
Nope, you can be charged with a Class D Felony or a Class C Felony Theft. The value most certainly matters as to Theft between the two. The nature of the alleged property most certainly matters.
IC 35-43-4-2
Theft; receiving stolen property
Sec. 2. (a) A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony. However, the offense is a Class C felony if:
(1) the fair market value of the property is at least one hundred thousand dollars ($100,000); or
(2) the property that is the subject of the theft is a valuable metal (as defined in IC 25-37.5-1-1) and:
(A) relates to transportation safety;
(B) relates to public safety; or
(C) is taken from a:
(i) hospital or other health care facility;
(ii) telecommunications provider;
(iii) public utility (as defined in IC 32-24-1-5.9(a)); or
(iv) key facility;
and the absence of the property creates a substantial risk of bodily injury to a person.
However, you are correct it can be Theft as a Class D Felony if the value is a nickel. The specific intent (missing from Criminal Conversion) controls as a matter of law.
What one is accused of is not controlling as to the LTCH as to Theft; what is controlling is the disposition of the case. The disposition records of ISP are less than optimal.
If you ask cobber or Fargo, they will say "never".
If you ask me, I will say "every single day"!!!
I agree, the conviction is what ISP SHOULD be looking at, but sometimes they're lazy and just look at the initial charge.
Not to thread jack, but I always believed that anything placed in the trash was considered to be abandoned property and as such the original owner no longer had any claim to it. The police use that argument to search peoples trash for evidence without obtaining a warrant and the courts have backed them. So if it was thrown into a dumpster how could this be theft? Now back to your regularly scheduled thread.
I have checked, it was dropped to a misdemeanor ~ and it is still a misdemeanor.