Utilizing evidence based best practices for rehabilitation in a community setting and avoiding the use of scarce prison space for nonviolent offenders, the defendant’s sentence of thirty years in the DOC was reduced to twenty-three years in community corrections.
Criminal
Trimnell v. State, No. 18A-CR-987, __ N.E.3d __ (Ind. Ct. App., Dec. 31, 2018).
Drug dealer who supplied drug that eventually attributed to the death of his customer could not be charged under the felony murder statute when his conduct was not the mediate or immediate cause of death.
Springfield v. State, No. 18A-CR-1317, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2018
Double jeopardy principles were violated when defendant was convicted and punished for the enhancement of possessing a firearm based on the same behavior that formed the basis of his unlawful possession of a firearm by a SVF conviction.
State v. Stafford, No. 39A04-1705-CR-930, __ N.E.3d __ (Ind. Ct. App., Dec. 27, 2018).
A trial court may not amend a sentence made pursuant to a fixed plea agreement; however, a trial court is authorized to reject such an agreement.
Cannon v. State, No. 18A-CR-1871, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2018).
A person cannot be convicted of giving false information to an official investigating the commission of a crime when he simply fails to provide any information at all.