The trial court has authority to reduce or suspend a prior sentence and impose a new sentence that the court was authorized to impose at the time of sentencing under Ind. Code § 35-38-1-17.
Appeals
Montgomery v. State, No. 02A04-1511-CR-2013,__N.E.3d__ (Ind. Ct. App., Aug. 5, 2016).
Placement on probation and placement in a community transition program are not one and the same, and the court’s consideration of those options is not mutually exclusive; therefore, the trial court’s revocation of probation was not barred by res judicata.
Shelton v. Kroger LP I, No. 49A02-1601-CT-75, __ N.E.3d __ (Ind. Ct. App., Aug. 4, 2016).
Pharmacy that filled a prescription for a drug that caused a fatal interaction was not a qualified health care provider under the Medical Malpractice Act and so it was not exempted from the Comparative Fault Act.
Young v. State, No. 20A04-1512-CR-2142, __N.E.3d__ (Ind. Ct. App., July 26, 2016).
A general habitual offender enhancement and a specialized habitual offender enhancement should run concurrently.
Doctor v. State, No. 82A01-1507-CR-844, __N.E.3D__ (Ind. Ct. App., July 26, 2016).
Officers’ testimony that they could not see the occupants inside of the vehicle provided reasonable suspicion to justify the traffic stop for a window tint statute violation.