Trial court could not order costs of victim’s public transportation and for her pain and suffering as part of defendant’s restitution.
M. May
Orange v. Ind. Bureau of Motor Vehicles, No. 29A02-1707-MI-1549, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2018).
Ind. Code § 9-30-16-3 does not require trial courts to hold a hearing prior to making a decision on a petition for specialized driving privileges.
McMiller v. State, No. 49A02-1706-CR-1192, __ N.E.3d __ (Ind. Ct. App., December 18, 2017).
Although the defendant deprived the restaurant of the value of the food and drink consumed when he could not pay the bill, the conviction was reversed because the state failed to prove that he had the requisite intent to commit theft.
Fearman v. State, No. 49A04-1704-CR-802, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2017).
Defendant’s multiple acts of contemptuous behavior constitute a single contemptuous episode, and his sentence must be reduced to a six-month sentence because that is the maximum penalty allowed without a jury trial.
Edmonson v. State, No. 84A01-1609-PC-2150, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2017).
Defendant’s PCR petition was not barred by the doctrine of laches because State failed to show prejudice; however, he was properly denied relief because the trial court was not required to advise him of collateral consequences of his guilty plea.