Restitution order was an abuse of discretion to the extent that it included amounts for uncharged thefts outside the timeframe covered by the indictment to which defendant pleaded guilty; defendant neither pleaded guilty to nor agreed to make restitution for any thefts outside that timeframe.
Criminal
Lothamer v. State, No. 92A05-1501-CR-26, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Evidence was sufficient to convict defendant of manufacturing methamphetamine, even though he did not personally “cook” it, because he acted in concert with the “cook”; defendant was present and allowed his home to be used for that purpose without objection, supplied pseudoephedrine, and helped to conceal the process.
In Re: The Matter of the Petition to Expunge Conviction Records of Borel, No. 92A05-1501-CR-26, ___ N.E.3d ___ (Ind. Ct. App., Sept. 30, 2015).
Trial court erred in denying expungement of 1976 conviction for failure to pay court costs in that case. Typewritten docket entries did not indicate that any court costs were imposed, and partly-illegible handwritten notation on docket sheet was insufficient to show that costs had been imposed or remained unpaid.
Stockert v. State, No. 76A04-1504-CR-144, ___ N.E.3d ___, (Ind. Ct. App., Sept. 22, 2015).
By operation of law, defendant’s guilty plea to B-felony criminal deviate conduct rendered him SVP with lifetime registration; DOC therefore properly classified him as such, despite trial court’s erroneous statements that he was required to register for only ten years and was not an SVP.
Smith v. State, No. 24A01-1501-CR-1, ___ N.E.3d ___ (Ind. Ct. App., Sept. 22, 2015).
State-court restitution award to Ponzi scheme victims was improper; their losses resulted from defendant’s related federal crimes, for which restitution had already been ordered. Five counts of conducting business as a broker-dealer without registering constituted a “single episode of criminal conduct”; gravamen of the offense not the precise number of times defendant transacted business, but rather the initial failure to register, which is a grievance against the Secretary of State and did not directly harm the victims.