The trial court committed fundamental error when it permitted the State to amend the charge on the criminal gang enhancement so that the charge no longer stated an offense under Indiana law.
Criminal
West v. State, No. 02A04-1704-CR-783__ N.E.3d __ (Ind. Ct. App., Sept. 28, 2017).
A police order to exit the home was not the same as an order to stop, and the evidence was insufficient to sustain a conviction for resisting law enforcement.
J.G. v. State, No. 43A03-1705-JV-957, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2017).
Juvenile was entitled to counsel at the dispositional modification hearing.
Robinson v. State, No. 22A01-1604-CR-856, __ N.E.3d __ (Ind. Ct. App., Sept. 15, 2017).
A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.
Archer v. State, No. 49S04-1705-CR-00288, __ N.E.3d __ (Ind., Sept. 6, 2017).
Because the defendant agreed to pay restitution and there is evidence in the record that she is able to work and hopes to secure employment in the future, the trial court did not abuse its discretion in ordering defendant to pay restitution.