Gregory A. Traylor v. State of Indiana (mem. dec.)

MEMORANDUM DECISION FILED Pursuant to Ind. Appellate Rule 65(D), this Dec 29 2017, 11:41 am Memorandum Decision shall not be regarded as precedent or cited before any court except for the CLERK Indiana Supreme Court purpose of establishing the defense of res judicata, Court of Appeals and Tax Court collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Ross G. Thomas Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Gregory A. Traylor, December 29, 2017 Appellant-Defendant, Court of Appeals Cause No. 03A01-1709-CR-2017 v. Appeal from the Bartholomew Circuit Court State of Indiana, The Honorable Kelly Benjamin, Judge Appellee-Plaintiff. Trial Court Cause No. 03C01-1708- F2-4359 Riley, Judge. Court of Appeals of Indiana | Memorandum Decision 03A01-1709-CR-2017 | December 29, 2017 Page 1 of 9 STATEMENT OF THE CASE [1] Appellant-Defendant, Gregory Traylor (Traylor), appeals the trial court’s Order denying his motion for reduction of bail. [2] We reverse and remand with instructions. ISSUE [3] Traylor raises one issue on appeal, which we restate as: Whether the trial court abused its discretion by denying his motion to reduce his bail of $5,000,000. FACTS AND PROCEDURAL HISTORY [4] On August 3, 2017, an investigator with the Indiana State Police obtained and executed a search warrant for Traylor’s home located at 7650 West State Road 46, in Bartholomew County, Indiana. During the search, one ounce of methamphetamine, fifteen pounds of marijuana, and four grams of heroin were recovered. Because there were copious amounts of pseudoephedrine in Traylor’s home, the methamphetamine suppression unit was summoned for assistance. The methamphetamine unit seized several items linked to the manufacturing of methamphetamine, including organic solvents, drain cleaners, and containers. The Indiana State Police also recovered at least seventy firearms. Lastly, agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) located numerous improvised explosive devices on Traylor’s property. Court of Appeals of Indiana | Memorandum Decision 03A01-1709-CR-2017 | December 29, 2017 Page 2 of 9 [5] On August 9, 2017, the State filed an Information, charging Traylor with Count I, manufacturing of methamphetamine, a Level 2 felony; Count II, dealing in methamphetamine, a Level 2 felony; Count III, possession of a narcotic, a Level 5 felony; Count IV, possession of a destructive device, a Level 5 felony; and Count V, dealing in marijuana, a Level 5 felony. A bench warrant for Traylor’s arrest was issued on the same day, and the trial court set Traylor’s bond at “$5,000,000 or 10% CASH.” (Appellant’s App. Vol. II, p. 12). Pursuant to Traylor’s request, on August 31, 2017, the trial court conducted a bond review hearing to reduce his bond. At the close of the hearing, the trial court denied Traylor’s request. [6] Traylor now appeals. Additional facts will be provided as necessary. DISCUSSION AND DECISION [7] Traylor appeals the trial court’s denial of his motion to reduce bail, contending that the $5,000,000 bail was excessive and beyond ...

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