FILED Nov 29 2018, 7:14 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Christopher L. Clerc Curtis T. Hill, Jr. Columbus, Indiana Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Anthony J. Johnson, November 29, 2018 Appellant-Defendant, Court of Appeals Case No. 18A-CR-1753 v. Appeal from the Bartholomew Circuit Court State of Indiana, The Honorable Kelly S. Benjamin, Appellee-Plaintiff. Judge Trial Court Cause No. 03C01-1803-F3-1704 Bailey, Judge. Court of Appeals of Indiana | Opinion 18A-CR-1753 | November 29, 2018 Page 1 of 8 Case Summary [1] Anthony J. Johnson (“Johnson”) appeals the trial court’s order increasing his bail bond from $175,000 to $500,000. Johnson raises one issue on appeal which we restate as whether the trial court abused its discretion when it increased his bail bond. [2] We affirm. Facts and Procedural History [3] On March 28, 2018, a detective with the Columbus Police Department (“CPD”) filed a probable cause affidavit in which he swore as follows. On January 30, 2018, and February 28, 2018, the CPD used a confidential informant (“CI”) to conduct controlled buys of methamphetamine from Johnson. The CI conducted two more controlled buys of heroin from Johnson on March 21, 2018, and March 22, 2018. During the latter buy, Johnson forced the CI to remove her clothes so he could check for a wire. Initially, the CI removed only her shirt and bra, but Johnson forced her to remove her pants. Johnson forcibly put his fingers in the CI’s vagina and pulled her towards him. The sergeant conducting the strip search of the CI afterwards noticed blood in the CI’s underwear that was not there before the buy. The CI reported that Johnson scratched her vagina. She was then transported to the hospital for a sexual assault exam. Johnson was arrested on March 23, 2018, and after Court of Appeals of Indiana | Opinion 18A-CR-1753 | November 29, 2018 Page 2 of 8 transporting him to the jail, the officer found methamphetamine and heroin in the back of his police car. [4] The State charged Johnson on March 28, 2018, with rape, as a Level 3 felony;1 two counts of dealing methamphetamine, as Level 3 felonies;2 two counts of dealing in a narcotic drug, as Level 5 felonies;3 possession of methamphetamine, as a Level 5 felony;4 and possession of a narcotic drug, as a Level 5 felony.5 On May 14, 2018, Johnson filed a motion to reduce his bail bond, which had been set at $175,000, and the court held a hearing on that motion on May 17. [5] Johnson testified at the hearing as follows. He is 39 years old and has lived in Indiana for thirteen or fourteen years. His mother still lives in Brooklyn, New York, but he has four children who live in Columbus, Indiana. Johnson is ordered to pay child support but owes an unknown amount in arrearage. Johnson was last ...
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