A waiver of appeal set forth as part of a plea agreement applies only to sentences imposed in accordance with the law.
Criminal
Kinman v. State, 20S-CR-569, __ N.E.3d __ (Ind., Sep. 28, 2020).
Trial court failed to adhere to Indiana Post-Conviction Rule 1(6) which provides that the trial court “shall make specific findings of fact, and conclusions of law on all issues presented, whether or not a hearing is held.”
Hill v. State, 19A-CR-2083, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2020).
Multiple reckless homicide convictions, based on multiple victims, do not violate double jeopardy.
Diaz v. State, 20A-CR-203, __ N.E.3d __ (Ind. Ct. App., Oct. 2, 2020).
Convictions for murder and robbery, which relate to a single victim, do not offend double jeopardy.
Knight v. State, 20A-CR-268, __ N.E.3d __ (Ind. Ct. App., Sep. 15, 2020).
The imposition of community service, as a term of probation, is beyond the trial court’s discretion where the condition is not specified in the plea agreement and where the plea agreement contains language that limits the trial court’s discretion to impose such a condition.