Defendant entered an “open plea,” despite plea agreement’s mistaken recitation that it was not, because trial court retained discretion over placement of the sentence. Defendant therefore did not waive right to appeal sentence.
Appeals
Purdue v. State, No. 03A01-1508-CR-1154, ___ N.E.3d ___ (Ind. Ct. App., Feb. 24, 2016).
Defendant was entitled to credit for pretrial incarceration in connection with cause numbers dismissed in his plea agreement; the parties and court treated the cases as “related.”
Luke v. State, No. 15A01-1409-CR-407, ___ N.E.3d ___ (Ind. Ct. App., Feb. 24, 2016).
Conviction for stalking four victims, based on conduct spanning January 2012 to February 2014, violated actual-evidence double jeopardy principles when defendant had been convicted a month earlier for invasion of privacy committed against three of the same victims for conduct spanning three days in January 2014. The State presented substantial evidence of the three-day course of conduct in the subsequent trial; and both cases alleged a violation of the same previously issued no-contact order.
Hill v. State, No. 20A03-1507-CR-907, ___ N.E.3d ___ (Ind. Ct. App., Feb. 25, 2016).
Trial court was within its discretion to exclude alleged domestic-battery victim who had recanted her accusation as a defense witness. Error was invited by defendant’s insistence on calling witness, despite State’s and court’s repeated cautions.
Hinton v. State, No. 49A04-1508-CR-1167, ___ N.E.3d ___ (Ind. Ct. App., Feb. 29, 2016).
Evidence that defendant had arrow “nocked” in his bow was sufficient to establish “endangers a person” element of B-misdemeanor public intoxication.