Defendant serving sentences in multiple jurisdictions is entitled to presentence credit for actual time served, and good time credit for the time he spent in Indiana awaiting trial on the Indiana charges.
Criminal
State v. Smith, No. 45S05-1611-CR-572, __ N.E.3d __ (Ind., March 28, 2017).
Defendant’s plea agreement foreclosing the possibility of sentence conversion was not altered by a subsequent statute allowing courts to modify a post-sentence conviction.
McAlpin v. State, No. 39A01-1606-CR-1417, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.
Ison v. State, No. 24A04-1607-PC-1618, __ N.E.3d __ (Ind. Ct. App., March 14, 2017).
A post-conviction court must make specific findings of fact and conclusions of law when there is a claim of ineffective assistance of trial counsel and involuntariness of a guilty plea.
Lindsey v. State, No. 71A04-1412-PC-576, __ N.E.3d __ (Ind. Ct. App., March 14, 2017).
Defendant was entitled to post-conviction relief to reduce his sentence because of the poor advice of his attorney to reject a plea agreement.