Consecutivity for intimidation sentence enhanced with habitual offender status and for “progressive penalty statute” enhanced second-conviction auto theft did not violate the prohibition of “double enhancement” when the enhancements were not based on the same prior felony conviction.
Appeals
Sparks v. State, No. 49A02-1207-CR-593, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2013).
When probationer heard judge say judge was inclined to impose a four year sentence if probationer admitted the violation and probationer then admitted, court’s imposition of a five year sentence without a hearing on the violation was fundamental error.
Turner v. Turner, No. 85A02-1208-DR-704,___ N.E.2d ___ (Ind. Ct. App., Feb. 28, 2013).
The amended child support statute, Ind. Code § 31-16-6-6, trumps language in a dissolution decree providing that father was obligated to pay child support until son reached the age of twenty-one.
Carrillo v. State, No. 49A02-1112-PC-1209, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2013).
Suggests the trial court judge may play a role in having defense counsel advise defendant of the immigration consequences of a guilty plea, in holding that it was not ineffective assistance in 2006 for counsel to fail to determine whether defendant was not a citizen.
Carrillo v. State, No. 49A05-1108-PC-437, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2013).
Defendant’s relationships with family and length of presence in the United States were sufficient to establish he might not have accepted a guilty plea bargain had he been advised of the immigration consequences of the plea.