Whatley v. State

Whatley (defendant) was arrested at his home, unrelated to a drug charge, and found with cocaine; his home was about 795 feet from Robinson Community Church, which offered youth-focused programs. Indiana law elevated cocaine possession to a more serious felony if it occurred within 1,000 feet of a youth program center, and Whatley was convicted at that higher level; the court of appeals held the church did not qualify as a youth program center and remanded for the lesser offense, and the State appealed.

Whether a statute enhancing a drug offense based on proximity to a youth program center provides a person of ordinary intelligence sufficient notice of the prohibited conduct to withstand a vagueness challenge as applied.