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Friday, June 17, 2011

Ind. Decisions - Court of Appeals issues 4 today (and 11 NFP)

In Shaun M. Berry v. State of Indiana , a 10-page opinion, Judge Crone writes:

Shaun M. Berry appeals the trial court’s imposition of a $100 public defender fee and $364 in court costs following his conviction for class A felony aiding in the manufacture of methamphetamine. He argues that the trial court imposed the $100 public defender fee without making the statutorily required finding that he had the ability to pay it and failed to identify the statutory authorization for imposing $364 in court costs. We agree, and therefore reverse the trial court’s imposition of the public defender fee and remand for a determination of Berry’s ability to pay for his legal services and for clarification of the statutory authority for the $364 in court costs.
In Involuntary Commitment of T.A., a 12-page opinion, Judge Crone writes:
T.A. was admitted to Wishard Health Services, Midtown Community Mental Health Center (“Wishard”) after she removed her clothing in public. T.A.’s attending physician diagnosed her with bipolar disorder and concluded that she was in a manic state. Wishard sought and obtained a temporary commitment of T.A. on the basis that she is mentally ill and gravely disabled. T.A. appeals, contending that there is insufficient evidence that she is gravely disabled. There is evidence to support the doctor’s conclusion that T.A. does not have a realistic plan to care for herself, which the trial court could credit over T.A.’s claims to the contrary. Therefore, we affirm.
In Carlton Wright v. State of Indiana , a 12-page opinion, Sr. Judge Barteau writes:
Defendant-Appellant Carlton Wright appeals his convictions of robbery, a Class A felony, Indiana Code section 35-42-5-1 (1984), and criminal confinement, a Class D felony, Indiana Code section 35-42-3-3 (2006). Wright also appeals his sentence. We affirm in part, reverse in part, and remand.
In Danny Holloway v. State of Indiana , a 7-page opinion, Judge May writes:
Danny Holloway was charged with six felonies and agreed to plead guilty to Class B felony burglary. The plea agreement provided his initial executed sentence would be capped at ten years. The trial court sentenced him to sixteen years with ten years executed, six years suspended, and five years of probation. As the sentence was not inappropriate, we affirm. * * *

The boilerplate language of Holloway’s plea agreement included a waiver of his right to appeal the sentence as long as it was within the terms of the plea agreement, and Holloway initialed that provision. But the trial court explicitly told Holloway at least twice at his combined guilty plea and sentencing hearing that Holloway could appeal his sentence. * * *

Despite the judge’s statements and the State’s acquiescence to them, the State now asks us to hold Holloway waived his right to appeal the sentence. We decline, as we consistently have in such situations, to hold there was a knowing and voluntary waiver. * * *

Holloway did not knowingly and intelligently waive his right to appeal his sentence and we accordingly will address his argument the
sentence is inappropriate.

We cannot, however, find Holloway’s sentence inappropriate. * * *

Based on Holloway’s character and the nature of his offense, we cannot hold the sentence inappropriate. Accordingly, we affirm the decision of the trial court.

NFP civil opinions today (1):

Cary R. Wollenweber v. Hawkins Enterprises, Inc.; et al. (NFP)

NFP criminal opinions today (10):

Michael W. Baker v. State of Indiana (NFP)

Jason R. Chilafoe v. State of Indiana (NFP)

Damian A. Rosales v. State of Indiana (NFP)

Paul Patterson v. State of Indiana (NFP)

Brien E. Franklin v. State of Indiana (NFP)

Virgil E. Griffin v. State of Indiana (NFP)

Travis W. Britt v. State of Indiana (NFP)

Victor Adamson-Scott v. State of Indiana (NFP)

Kasi Ballew v. State of Indiana (NFP)

Richard E. Dell v. State of Indiana (NFP)

Posted by Marcia Oddi on June 17, 2011 10:44 AM
Posted to Ind. App.Ct. Decisions