Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lazcano v. State

Court of Appeals of Indiana

March 12, 2014

MIGUEL A. LAZCANO, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Peggy Hart, Commissioner. Cause No. 49G20-1309-FA-57360.

ATTORNEY FOR APPELLANT: H. SAMUEL ANSELL, Ansell Law Firm, LLC, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, BRIAN REITZ, Deputy Attorney General, Indianapolis, Indiana.

NAJAM, Judge. BAKER, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE

Miguel A. Lazcano appeals the trial court's order following a bond reduction hearing. Lazcano presents a single issue for review, namely, whether the court abused its discretion when it reduced his bond to $170,000. We affirm.

FACTS AND PROCEDURAL HISTORY

On August 29, 2012, Lazcano was arrested and charged with dealing in cocaine, as a Class A felony, and with possession of cocaine, as a Class C felony, after he accepted delivery of a game console that contained a kilogram of cocaine.[1] At the time of the arrest, officers found more than $80,000 in cash in Lazcano's home.[2] The trial court set bail at $500,000 cash bond " per the bond matrix." Appellant's App. at 3.

The local rule for setting a bail bond in criminal cases is Marion County LR49-CR00-108, which recommends a specific amount of bail in accordance with the level of offense charged. Marion County's criminal courts also use a " bail matrix," a worksheet outside the local rules, to calculate the accused's risk-of-flight. The matrix is broken down into seven levels and assigns number values to various relevant factors, such as length of local residence, employment status, prior arrests, criminal history, and the nature of the offense.[3] Appellant's App. at 18. A chart at the bottom of the matrix contains bail amount recommendations based on the calculated risk level and the level of the offense. The bail matrix recommends bail amounts that can be greater than or less than the amounts recommended in the local rule for each level of offense, depending on the risk factor calculation.

At the initial hearing on September 6, Lazcano moved for a reduction in the amount of his bail. On September 10, the court held a hearing on the motion,[4] and Lazcano testified through an interpreter.[5] He is a resident legal alien, was born in Mexico, and his mother still lives there. He has lived with his wife and fourteen-year-old daughter at his current address in Indianapolis for four years in a home leased from his sister-in-law and has lived in Indianapolis for a total of eight years. At the time of the hearing, he was fifty years old, had lost part of his right hand in a work-related accident in 2007, and was receiving Social Security Disability payments. And he was taking medications for pain due to his amputation, rheumatoid arthritis, and other conditions. On direct examination he denied having any previous arrests, but on cross-examination he conceded that he had been arrested in California in 1983 " for drinking" and in 1994 for " transport of marijuana over 30 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.