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.
Criminal
Maciaszek v. State, No. 43A03-1512-CR-2355, __ N.E.3d __ (Ind. Ct. App., April 10, 2017).
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.
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.