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Wednesday, March 25, 2009

Ind. Decisions "Second appeal denied in crash that killed Jimmy DeBoy"

The Court of Appeals NFP opinion yesterday i n the case of Cesar De la Rosa v. State of Indiana is the subject of a story today by Sophia Voravong in the Lafayette Journal Courier. Some quotes:

De La Rosa appealed his sentence on grounds that former Tippecanoe Superior Court 1 Judge Don Johnson abused his discretion when he considered the impact suffered by Jimmy's family and De La Rosa's history of substance abuse as aggravating factors.

But the Indiana Court of Appeals, in a unanimous opinion issued today, disagreed.

"His actions caused the death of a 9-year-old boy riding his bicycle on the sidewalk," Judge Carr Darden wrote in the nine-page ruling.

"The character of the offender is reflected in De La Rosa's testimony when he testified that he thought it was 'OK to use marijuana' and 'drink and get behind the wheel' of a vehicle."

De La Rosa admitted to smoking marijuana and drinking beer with friends the day of the fatal crash. * * *

An Indiana bill named for Jimmy DeBoy took effect last July. It stiffened penalties for impaired drivers.

For more, see this ILB entry from March 18, 2008.

Here is the 2008 law, HEA 1052-2008 (PL 126-2008).

Posted by Marcia Oddi on March 25, 2009 08:19 AM
Posted to Ind. App.Ct. Decisions