Counsel should have advised defendant to not accept a plea agreement that waived his appellate rights when he received no benefit for the waiver; therefore, that waiver is severed from the plea agreement and he may appeal his sentence.
Appeals
Wilder v. State, No. 49A02-1706-CR-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 9, 2018).
Even though the underlying crime did not involve the use of a firearm, prohibiting defendant from possessing firearms during his probation period did not violate his right to bear arms under the state or federal constitutions
R.R. v. State, No. 47A04-1705-JV-944, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
A juvenile may waive constitutional right to be present at factfinding hearings by knowingly and intentionally refusing to appear.
Rodriguez v. State, No. 20A03-1704-CR-724, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
Trial court may modify defendant’s sentence under Ind. Code § 35-38-1-17(l), as a person may not waive the right to sentence modification as part of a plea agreement.
E.B. v. State, No. 47A04-1706-JV-1263, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Intimidation conviction was reversed because the threat was not transmitted in a way that the defendant knew or had good reason to know the statement would reach the victim.