M. May

The term “conviction” includes a verdict of not responsible by reason of insanity (“NRRI”) for purposes of I.C. 35-38-9-1, and an individual so adjudicated may not have that finding expunged.

Because some or all of the evidence could be used to prove defendant committed both felony intimidation and attempted murder, the conviction of intimidation is vacated as it violates his right against double jeopardy under the actual evidence test.

The certificate offered to authenticate cell phone records did not properly authenticate the records because it was issued approximately eighteen months after the records were obtained, does not contain the phone number for which the search warrant requested records, does not contain the number of pages it purports to authenticate, and does not contain the dates the records encompass.

The Court of Appeals reduced the trial court’s restitution order because a trial court cannot order a defendant to pay restitution for crimes to which he did not plead guilty.

Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.