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Trine University, Fabiani Theater, James University Center View map

720 Thunder Drive, Angola IN 46703

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This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

Roy L. Skeens was convicted Level 6 felony possession of methamphetamine and he was found to be a habitual offender. The Wabash Circuit Court ordered him to serve two and one-half years for the possession conviction and enhanced his sentence by six years for the habitual offender finding. Skeens appeals and raises three issues. First, Skeens argues that the State did not prove that he constructively possessed the methamphetamine found in the vehicle he was driving but did not own. Next, Skeens claims that the trial court abused its discretion when it failed to consider mitigating circumstances before imposing his sentence. Finally, Skeens contends that his sentence is inappropriate in light of the nature of the offense and the character of the offender.

In response, the State argues it presented sufficient evidence to prove that Skeens constructively possessed the methamphetamine because he was sitting on the metal tin containing the methamphetamine, and the police officer saw Skeens making furtive gestures in an attempt to hide it. In response to Skeens’ argument concerning mitigating circumstances, the State argues that Skeens waived review of this claim by failing to raise the proposed mitigating circumstances to the trial court. Finally, the State argues that Skeens’ aggregate eight and one-half year sentence is not inappropriate because he has a significant criminal history.

The scheduled panelists are Chief Judge Bradford, Judge Mathias, and Judge Tavitas. 

 

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