“Annoys” as used in the public intoxication offense is unconstitutionally vague.
Criminal
Thompson v. State, No. 61A01-1305-CR-207, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.
Gonzalez v. State, No. 52A02-1306-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb. 4, 2013).
Restitution sentence for payment to workman’s compensation insurer of amounts it paid for victim’s medical treatment and lost wages was proper, but restitution could not be ordered for the permanent partial impairment settlement paid to the victim.
Cleary v. State, No. 45A03-1212-CR-518, __ N.E.2d __ (Ind. Ct. App., Jan 24, 2014).
When defendant was charged with both greater and lesser included offenses, and the jury hung on the greater offenses but convicted on the lessers, because the trial court did not enter judgment on the lesser I.C. 35-41-4-3 did not bar retrial of the greater offenses.
Campbell v. State, No. 13A05-1304-PC-201, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2014).
Suggests a modification to Pattern Jury Instruction 9.05 on the definition of “intentionally.”