Driver who was unable to produce his driver’s license, avoided answering request for his address, evaded questions about his name, and repeatedly refused to provide his date of birth, was guilty of violating refusal-to-identify statute at Ind. Code § 34-28-5-3.5.
Criminal
Hubbell v. State, No. 03A01-1511-PC-1927, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
Trial court is required to order copy of Record of Proceedings from Supreme Court Clerk when requested by pro se petitioner for post-conviction relief.
Woodford v. State, No. 20A03-1601-CR-171, ___N.E.3d___ (Ind. Ct. App., Aug. 5, 2016).
The trial court has authority to reduce or suspend a prior sentence and impose a new sentence that the court was authorized to impose at the time of sentencing under Ind. Code § 35-38-1-17.
Montgomery v. State, No. 02A04-1511-CR-2013,__N.E.3d__ (Ind. Ct. App., Aug. 5, 2016).
Placement on probation and placement in a community transition program are not one and the same, and the court’s consideration of those options is not mutually exclusive; therefore, the trial court’s revocation of probation was not barred by res judicata.
Young v. State, No. 20A04-1512-CR-2142, __N.E.3d__ (Ind. Ct. App., July 26, 2016).
A general habitual offender enhancement and a specialized habitual offender enhancement should run concurrently.