Borders v. State
Borders v. State
Opinion of the Court
OPINION
Dennis B. Borders appeals the sentence he agreed to receive in exchange for his
FACTS AND PROCEDURAL HISTORY
Borders was charged with Count I, possession of marijuana, a Class A misdemeanor;
On July 20, 2004, Borders pled guilty to Count II, possession of marijuana with a prior conviction, a Class D felony; Count VIII, being an habitual substance offender; Count X, conspiracy to deal marijuana, a Class C felony; and Count XI, being an habitual substance offender. Borders agreed to a 20-year sentence with 10 years executed and 10 years suspended, and the trial court sentenced him accordingly.
DISCUSSION AND DECISION
Borders argues, pursuant to Ingram v. State, 761 N.E.2d 883, 884-85 (Ind.Ct.App. 2002), the trial court erred in ordering the habitual substance offender enhancements to run consecutively.
This case is controlled, however, by Stites v. State, 829 N.E.2d 527 (Ind. 2005), and Lee v. State, 816 N.E.2d 35 (Ind. 2005). In those decisions our Indiana Supreme Court held "[a] defendant may not enter a plea agreement calling for an illegal sentence, benefit from that sentence, and then
[Djefendants who plead guilty to achieve favorable outcomes give up a plethora of substantive claims and procedural rights, such as challenges to convictions that would otherwise constitute double jeopardy. Striking a favorable bargain including a consecutive sentence the court might otherwise not have the ability to impose falls within this category.
Lee, 816 N.E.2d at 40 (quoting Davis v. State, 771 N.E.2d 647, 649 n. 4 (Ind. 2002))
In exchange for Borders' pleas of guilty to Counts II, VIII, X and XI, the State dismissed three misdemeanor counts, two felonies, an infraction, and an habitual substance offender enhancement. Borders will not be heard to protest that he did not benefit from his plea agreement, even if his sentence was one the trial court could not have otherwise imposed.
Affirmed.
. Ind.Code § 35-48-4-11.
. Ind.Code § 35-48-4-11.
. Ind.Code § 35-48-4-8.3.
. Ind.Code § 35-48-4-8.3.
. Ind.Code § 35-48-4-13.
. Ind.Code § 9-24-18-1.
. Ind.Code § 9-24-19-1. The State does not explain how Borders could have been convicted of both operating while never receiving a license and operating with a license that had been suspended.
. Ind.Code § 35-50-2-10.
. Ind.Code § 35-40-2-8.
. Ind.Code §§ 35-48-4-10 and 35-41-5-2.
. Ind.Code § 35-50-2-10.
. The sentencing court stated it was sentencing Borders to three years on Count II, enhanced by five years for the habitual substance offender charge, and eight years on Count X, enhanced by four years for the habitual substance offender charge, all to be served consecutively for a total of twenty years. (Appellant's App. at 63-64.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.