Trial court did not remedy defendant’s double jeopardy concern when it entered a judgment of conviction for the offense and its lesser-included offense (Class A misdemeanor OWI and Class C misdemeanor
OwI) and then merged the offenses purposes of sentencing.
Criminal
Johnson v. State, No. 32A05-1604-CR-703, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
Under legislation amended in 2015, if the offender was released more than ten years before the current offense the conviction does not count for habitual offender purposes.
Burnett v. State, No. 49A02-1610-CR-2402, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
Middleton v. State, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 21, 2017).
In an ineffective assistance of counsel claim, a petitioner need only show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.
State v. McHenry, No. 35A04-1609-CR-2080, __ N.E.3d __ (Ind. Ct. App., April 12, 2017).
The state may not elevate a charge to burglary while armed with a deadly weapon for an individual who obtains a handgun as loot during the course of a burglary.