Under legislation amended in 2015, if the offender was released more than ten years before the current offense the conviction does not count for habitual offender purposes.
Appeals
Burnett v. State, No. 49A02-1610-CR-2402, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
State v. McHenry, No. 35A04-1609-CR-2080, __ N.E.3d __ (Ind. Ct. App., April 12, 2017).
The state may not elevate a charge to burglary while armed with a deadly weapon for an individual who obtains a handgun as loot during the course of a burglary.
Maciaszek v. State, No. 43A03-1512-CR-2355, __ N.E.3d __ (Ind. Ct. App., April 10, 2017).
Defendant serving sentences in multiple jurisdictions is entitled to presentence credit for actual time served, and good time credit for the time he spent in Indiana awaiting trial on the Indiana charges.
McAlpin v. State, No. 39A01-1606-CR-1417, __ N.E.3d __ (Ind. Ct. App., March 22, 2017).
When defendant is charged with committing the offense in a drug-free zone, the state must prove beyond a reasonable doubt that children were reasonably expected to be present when the offense occurred.