B misdemeanor sentence of 30 executed, 150 suspended, and 365 probation exceeded the statutory one year maximum combined imprisonment and probation limit.
Criminal
Hamilton v. State, No. 49S02-1110-CR-621, __ N.E.2d __ (Ind., Oct. 19, 2011).
Defendant’s A felony child molesting sentence is revised from the fifty year maximum to thirty-five years.
Brock v. State, No. 38S02-1101-CR-8, __ N.E.2d __ (Ind., Oct. 18, 2011).
Defendant had no opportunity to object to the court’s declaration of a mistrial and accordingly cannot be said to have consented to it by failure to timely object, but the repeated improper comments by defense counsel in trial warranted the trial court’s declaration of a mistrial without defense consent, under the manifest necessity standard.
GVVK v. State, No. 29A02-1012-CR-1418, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
Modification of D felony operating while habitual traffic violator to A misdemeanor changes also provides that defendant’s driving privileges are suspended, not forfeited.
Robinson v. State, No. 49A02-1101-CR-13, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
Probable cause affidavit with “multiple levels of hearsay” did not pass the “substantial trustworthiness” test required by a probation revocation subject’s confrontation right.