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.
Criminal
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.
Doctor v. State, No. 82A01-1507-CR-844, __N.E.3D__ (Ind. Ct. App., July 26, 2016).
Officers’ testimony that they could not see the occupants inside of the vehicle provided reasonable suspicion to justify the traffic stop for a window tint statute violation.
Cherry v. State, No. 49A02-1505-CR-340, ___N.E.3d___ (Ind. Ct. App., July 27, 2016).
Pursuant to Ind. Evidence Rule 617(a)(3), the trial court properly admitted statements made to arresting officers during the custodial interrogation when recording equipment malfunctioned or failed to operate.