Conner v. Indiana
Indiana Supreme Court
626 N.E.2d 803 (1993)
- Written by Patrick Speice, JD
Facts
James Conner (defendant) was arrested for selling more than 140 grams of fake marijuana to a police informant. Conner was charged with distributing a noncontrolled substance that was misrepresented as a controlled substance, a felony punishable by up to eight years’ imprisonment. Conner was convicted and sentenced to six years in prison. Had Conner sold 140 grams of real marijuana to the informant instead of 140 grams of fake marijuana, Conner would have been guilty of distribution of a controlled substance and faced a maximum sentence of three years’ imprisonment. Conner appealed to the Indiana Supreme Court, arguing that the six-year sentence was not commensurate with the offense and, therefore, violated the proportionality principle.
Rule of Law
Issue
Holding and Reasoning (Shepard, C.J.)
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