"[O]nce a pattern of racketeering activity has been established, it must be connected to an interest in or control of ... property or an enterprise, to constitute the offense of corrupt business influence."
How later courts described this case
- "[O]nce a pattern of racketeering activity has been established, it must be connected to an interest in or control of ... property or an enterprise, to constitute the offense of corrupt business influence."
- sentencing court may consider pending charges and uncharged crimes
- no error in denial of continuance to give new counsel more preparation time; new counsel had benefit of predecessor's 16 months of preparation
- "failure to cite to locations in the record where evidentiary errors occurred at trial results in waiver”
Written by the judges who cited it.
The opinion
DeBRULER, Justice,
concurring and dissenting.
I would reverse appellant’s three convictions under Counts IX, X, and XI for the offense of failing to apply for registration, but affirm the rest. I.C. 23-2-5-4 provides:
Any person desiring to engage or continue in the business of loan brokering shall apply to the commissioner for registration ...
I.C. 23-2-5-16 provides:
A person who knowingly violates this chapter commits a Class D felony.
I read these sections of the statute as making knowledge of the duty to apply an element of any offense based upon them. That knowledge must be proved to exist at the time of the conduct alleged in the charge. Counts IX, X, and XI, based upon these two sections, relieved the State of the obligation to prove this required element, and it was error to refuse to dismiss the counts on motion of the defense.
DICKSON, J., concurs.