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ATTORNEYS FOR APPELLANT Kurt A. Young Nashville, Indiana Ruth A. Johnson Marion County Public Defender, Appellate Division Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana James E. Porter Deputy Attorney General Indianapolis, Indiana

FILED
Jul 21 2011, 10:14 am
of the supreme court, court of appeals and tax court

In the

Indiana Supreme Court
No. 49S02-1104-CR-198 GLENN L. CARPENTER,

CLERK

Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below).

Appeal from the Marion Superior Court, No. 49G20-0910-FB-85384 The Honorable Steven R. Eichholtz The Honorable Michael Jensen, Magistrate On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1005-CR-521

July 21, 2011 Shepard, Chief Justice.

Appellant Glenn Carpenter was discovered asleep in the waiting room of a dental office, apparently drunk or overdosed. This led to a forty-year sentence for possession of a firearm by a serious violent felon and being an habitual offender. We conclude that twenty years was an adequate response to the situation.

Facts and Procedural History On October 2, 2009, staff in the dentist`s office found Carpenter passed out. They determined he had a pulse and was breathing but were unsuccessful in trying to wake him, so they decided to call the police. Police officers found Carpenter slouched over in a chair and unresponsive. They thought Carpenter smelled like he had been drinking but were not sure if the smell was from his clothing or his breath. After the officers were able to rouse Carpenter they stood him up and handcuffed him. Carpenter did not resist, mumbling to the officers that he did not know where he was or how he got there. When searching Carpenter the officers found a handgun with an empty magazine, marijuana, cocaine, and a crack pipe.

The State charged Carpenter with unlawful possession of a firearm by a serious violent felon as a class B felony1, possession of cocaine and a firearm as a class C felony2, and possession of cocaine as a class D felony.3 On February 24, 2010, the State filed an habitual offender count.4 Before trial, the State dismissed both charges involving possession of cocaine.

A jury found Carpenter guilty of unlawful possession of a firearm by a serious violent felon. Carpenter then stipulated to the prior convictions supporting the habitual offender count. The trial court imposed a twenty year sentence for Carpenter`s class B felony conviction and added twenty years for the habitual finding. The court`s sentencing statement reads as follows:

THE COURT: Okay. The Court has reviewed the file, the PSI, the statement of the attorneys, the statement of the Defendant. The Court will note for the record that the Defendant does have extensive history or criminal delinquent activity that we`ve been talking about. There are six prior felony convictions. If you just look at the one that made him a Habitual Substance Offender and the two that made him

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