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.
M. May
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.
W.R. v. State, No. 17A03-1703-XP-571, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2017).
Trial court did not abuse its discretion in refusing to expunge drug-dealing convictions because petitioner’s job includes going into businesses and the nature of the convictions might be relevant to businesses deciding whether to exclude petitioner from their premises.
Morgan v. State, No. 84A01-1703-CR-587, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2017).
Ind. Code 35-38-2.6-5, which controls the community corrections program, does not impermissibly delegate judicial authority to the community corrections director; a hearing is required before direct placement in community corrections is revoked.