Defendant’s criminal recklessness conviction vacated as violating double jeopardy prohibition because factfinder used the essential elements of armed robbery to establish the essential elements of criminal recklessness.
Criminal
T.H. v. State, No. 18S-JV-80,__ N.E.3d __(Ind., March 9, 2018)
Affirms the Court of Appeals opinion that no reasonable fact-finder could find the element of loss of at least $750 was proven beyond a reasonable doubt when there are unexplained anomalies in the repair estimate.
Payne v. State, No. 79A02-1707-CR-1606, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).
State must authenticate defendant’s signature on plea agreement entered in prior violent felony in order sustain a conviction for unlawful possession of a firearm by serious violent felon.
McCoy v. State, No. 10A05-1703-CR-681, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).
Trial court at sentencing may designate a defendant as a credit restricted felon only if that person has been convicted of one or more of serious sex-related crimes that allow for such designation.
Hogan v. State, No. 71A05-1702-CR-278, __ N.E.3d __ (Ind. Ct. App., March 5, 2018).
In order to place a defendant in Purposeful Incarceration, the trial court must state in the Abstract of Judgment that, after successful completion of an appropriate therapeutic program, the court will consider a petition to modify defendant’s sentence.