Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.
Criminal
Gulzar v. State, No. 20A03-1202-PC-88, __ N.E.2d __ (Ind. Ct. App., Aug. 7, 2012).
Even assuming, had he been advised of deportation consequences, that defendant would not have pled guilty due to the “special circumstances” that deportation would have uprooted his family, the very strong evidence of his guilt made harmless counsel’s failure to advise him that his theft plea bargain would result in automatic deportation.
Dye v. State, No. 20S04-1201-CR-5, __ N.E.2d __ (Ind., July 31, 2012).
Habitual offender enhancement may not be imposed on conviction of possession of a firearm by a serious violent felon.
Castillo v. State, No. 45S00-1102-LW-110, __ N.E.2d __ (Ind., July 31, 2012).
When evidence showed defendant’s boyfriend killed her child and that she was an accomplice to the murder, the life without parole sentence for her was inappropriate; revises murder sentence to 65 years.
Conley v. State, No. 58S00-1011-CR-634, __ N.E.2d __ (Ind., July 31, 2012).
Life without parole sentence was appropriate and constitutional for seventeen and a half-year old who murdered his ten-year old brother.