Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.
Appeals
Gonzalez v. State, No. 52A02-1306-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb. 4, 2013).
Restitution sentence for payment to workman’s compensation insurer of amounts it paid for victim’s medical treatment and lost wages was proper, but restitution could not be ordered for the permanent partial impairment settlement paid to the victim.
Cleary v. State, No. 45A03-1212-CR-518, __ N.E.2d __ (Ind. Ct. App., Jan 24, 2014).
When defendant was charged with both greater and lesser included offenses, and the jury hung on the greater offenses but convicted on the lessers, because the trial court did not enter judgment on the lesser I.C. 35-41-4-3 did not bar retrial of the greater offenses.
Campbell v. State, No. 13A05-1304-PC-201, __ N.E.2d __ (Ind. Ct. App., Jan. 28, 2014).
Suggests a modification to Pattern Jury Instruction 9.05 on the definition of “intentionally.”
Meadows v. State, No. 39A01-1305-CR-215, __ N.E.2d __ (Ind. Ct. App., Jan. 29, 2014).
Statutes mandating credit for time served for probation and community corrections do not apply to a person in a conviction-deferral drug court program, so that it was within the program judge’s discretion to refuse to award credit for time served when the court terminated the defendant’s placement in the program.