Defendant’s multiple acts of contemptuous behavior constitute a single contemptuous episode, and his sentence must be reduced to a six-month sentence because that is the maximum penalty allowed without a jury trial.
Criminal
Sansbury v. State, No. 49A05-1704-CR-793, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2017).
Although vehicle was lawfully impounded, conviction for carrying a handgun without a license reversed because police did not conduct a valid inventory search of the impounded vehicle.
J.R. v. State, No. 49A02-1704-JV-754, __ N.E.3d __ (Ind. Ct. App., Dec. 8, 2017).
Conviction of a juvenile for possession of a handgun without a license was vacated because Ind. Code 35-47-2-1 applies only to adults, and a person under the age of eighteen is not eligible for a handgun license.
Taylor v. State, No. 82S00-1610-LW-576, __ N.E.3d __ (Ind., Dec. 5, 2017).
Seventeen-year-old defendant’s LWOP sentence for murder and conspiracy to commit murder reduced to an aggregate eighty-year term.
Polk v. State, No. 49A02-1703-CR-622, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2017).
When a person is placed on probation for a felony conviction, the trial court is statutorily required to impose probation fees and may not direct the probation department to conduct a financial assessment. The trial court must also conduct an indigency hearing.