Plea agreement was enforceable despite its misstatement that the defendant’s consecutive sentences were capped by statute. Defendant was entitled to the benefit of his plea; sentence was mistakenly capped, but not necessarily illegal.
Wahl v. State, No. 29A04-1409-CR-418, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
Evidence was sufficient for daycare provider’s involuntary manslaughter conviction for a child in her care. Alternate juror’s misconduct in deliberations was harmless and therefore not grounds for mistrial.
Grundy v. State, No. 49A02-1409-CR-665, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
Revised criminal code’s habitual-offender provision does not apply retroactively to offense committed before July 1, 2014 effective date.
Anderson v. State, No. 79A02-1501-CR-10, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
“Rushing” a victim to gain unauthorized entry to a dwelling satisfies “force” element of burglary.
Johnson v. State, No. 01A02-1501-CR-25, ___ N.E.3d ___ (Ind. Ct. App., July 1, 2015).
Criminal Trespass statute is not unconstitutionally vague as applied to common area immediately outside of trespass victim’s apartment.