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.
Appeals
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.
Slaybaugh v. State, No. 79A02-1411-CR-798, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
Fact that juror was Facebook “friends” with relatives of the victim did not establish juror misconduct, when juror testified that she did not know them personally, and trial court found her testimony truthful.
Burnell v. State, No. 29A02-1412-CR-849, ___ N.E.3d ___ (Ind. Ct. App., Sept. 24, 2015).
OWI suspect’s drivers license was properly suspended under Implied Consent Law; walking away from officer and disregarding request to stop constituted refusal to submit to chemical test, even though her words had expressed reluctant agreement to be tested.