Trial court erred in denying expungement of 1976 conviction for failure to pay court costs in that case. Typewritten docket entries did not indicate that any court costs were imposed, and partly-illegible handwritten notation on docket sheet was insufficient to show that costs had been imposed or remained unpaid.
Appeals
Troyan v. Ind. Dept. of Revenue, No. 49A02-1411-PL-794, __ N.E.3d __ (Ind. Ct. App, Oct. 2, 2015).
A circuit or superior court has jurisdiction to enforce an unpaid tax assessment reduced to judgment, but a claim involving a challenge to a collection of a tax or assessment was within the exclusive jurisdiction of the Indiana Tax Court.
Stockert v. State, No. 76A04-1504-CR-144, ___ N.E.3d ___, (Ind. Ct. App., Sept. 22, 2015).
By operation of law, defendant’s guilty plea to B-felony criminal deviate conduct rendered him SVP with lifetime registration; DOC therefore properly classified him as such, despite trial court’s erroneous statements that he was required to register for only ten years and was not an SVP.
Smith v. State, No. 24A01-1501-CR-1, ___ N.E.3d ___ (Ind. Ct. App., Sept. 22, 2015).
State-court restitution award to Ponzi scheme victims was improper; their losses resulted from defendant’s related federal crimes, for which restitution had already been ordered. Five counts of conducting business as a broker-dealer without registering constituted a “single episode of criminal conduct”; gravamen of the offense not the precise number of times defendant transacted business, but rather the initial failure to register, which is a grievance against the Secretary of State and did not directly harm the victims.
Pierce v. State, No. 28A05-1502-CR-57, ___ N.E.3d ___ (Ind. Ct. App., Sept. 23, 2015).
Petition to revoke probation based on commission of theft, unlike criminal charge of theft, need not identify the stolen property with specificity.