Evidence defendant’s motorcycle was going 43 miles per hour did not prove its “maximum design speed” was 25 miles per hour or more, a “design speed” the State had to prove in order to show defendant was operating a “motor vehicle” rather than a “motorized bicycle” so that defendant was guilty of driving while suspended.
Criminal
Hawkins v. State, No. 79A02-1101-CR-100, __ N.E.2d __ (Ind. Ct. App., July 18, 2011).
Sentence modification statute’s 365 day period in which judge may modify without prosecutor agreement starts when original sentence is imposed and is not “reset” with a resentencing.
Cottingham v. State, No. 06A01-1008-CR-431, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).
2010 amendment of I.C. 35-38-2.6-6 providing for “credit time” for community corrections home detention is ameliorative and required credit for home detention served prior to the amendment when probation was revoked after effective date.
Sharp . State, No. 12A02-1010-CR-1188, __ N.E.2d __ (Ind. Ct. App., July 19, 2011).
Defendant’s convictions for Class A child molesting and Class C child molesting, alleged to have occurred during the same 13 month period, did not violate Indiana double jeopardy under the “actual evidence test.”
Berry v. State, No. 49A04-1008-CR-536, __ N.E.2d __ (Ind. Ct. App., July 20, 2011).
Reverses bench trial conviction and acquits defendant on the basis of caselaw “fixed insanity” doctrine that a “defendant who manifests a mental disease or defect, as opposed to intoxication, caused by prolonged and chronic alcohol abuse that renders him or her unable to distinguish right from wrong is not responsible for a crime committed while in that condition.”