“Breaking” element of burglary was satisfied when defendant gained entry to an apartment by pushing aside a person standing near the entry, then immediately subduing the occupant by force.
Criminal
Dunn v. State, No. 49A02-1407-CR-470, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).
Court abused its discretion by granting State’s motion to withdraw a plea agreement because the victim had not been notified; victim-notice error was invited by State’s sworn assertion in connection with the plea agreement that victim had been notified.
Bowman v. State, No. 21A04-1404-CR-180, ___ N.E.3d ___ (Ind. Ct. App., May 26, 2015).
Without lab test, field test, or corroborating circumstantial evidence, testimony that the product of a controlled buy “looked like” heroin was insufficient to prove dealing in a narcotic drug within 1,000 feet of a school.
Lampley v. State, No. 48A04-1405-CR-231, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
State’s failure to introduce conditions of probation into evidence was not the “better practice” and “runs the risk of not satisfying” the standard of review for probation revocation; however, probationer’s admission to unlawful conduct (smoking marijuana) after release from prison supported revocation.
Wilford v. State, No. 49A02-1408-CR-534, ___ N.E.3d ___ (Ind. Ct. App., May 27, 2015).
Impound of defendant’s borrowed car—and thus pre-towing inventory search—was proper despite no evidence of police department’s impound policy; car had multiple equipment problems making it unsafe and unlawful to drive away from parking lot where traffic stop occurred.