Defendant is entitled to raise a “Romeo and Juliet” defense under Ind. Code § 35-42-4-9(e) if he has not committed a prior sex offense against a person other than the victim.
Criminal
Curtis v. State, No. 49A02-1512-CR-2293, __N.E.3d__ (Ind. Ct. App., Aug. 22, 2016).
If a person has a fair and reasonable foundation for believing that he or she has a right to be present on the property, there is no criminal trespass. If a person is not given a reasonable period of time to comply with a request to leave the premises, then there is no criminal trespass.
Henriquez v. State, No. 20A04-1510-CR-1841, __N.E.3d__ (Ind. Ct. App., Aug. 9, 2016).
Ind. Code § 35-38-1-1(b) requires trial courts to advise a defendant of the earliest and latest possible release dates, but trial courts are not equipped to make this specific determination. Defendant was not harmed by the trial court’s failure to estimate the dates.
State v. Smith, No. 45A05-1507-CR-945, ___N.E.3d___ (Ind. Ct. App., Aug. 2, 2016).
Trial court had authority to convert felony conviction to a misdemeanor; the terms of the plea agreement do not preclude the conversion because the parties could not have contemplated a misdemeanor conversion when it was entered.
Zanders v. State, No. 15A01-1509-CR-1519, ___N.E.3d___ (Ind. Ct. App., Aug. 4, 2016).
Law enforcement officers must obtain a warrant before searching a cell phone incident to arrest and gathering location data on its GPS device.