Friday, February 01, 2013
Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)
For publication opinions today (1):
In Travis Koontz v. State of Indiana , a 4-page opinion, Chief Judge Robb writes:
In Koontz v. State, 975 N.E.2d 846 (Ind. Ct. App. 2012), we held that Travis Koontz waived any claim of an illegal sentence by entering into a plea agreement which reduced his penal exposure. Id. at 849-50 (Baker, J., dissenting). Both Koontz and the State of Indiana have filed petitions for rehearing. We grant the petitions for the purpose of correcting a misstatement of the law, but reaffirm our original disposition. * * *NFP civil opinions today (3):
[We stated] [B]eing convicted of the per se offense rather than operating while intoxicated reduces Koontz’s exposure if he were to be arrested again for operating while intoxicated. * * *
As both parties have pointed out, this is a misstatement of the law. * * *
Even without this consideration, however, the other factors we mentioned remain viable and we continue to believe that, given the circumstances in which Koontz was charged with all misdemeanors, two of the four misdemeanors were dismissed, and Koontz agreed to the sentence as part of his plea agreement, he has waived any illegality in the sentence. Accordingly, we again affirm the trial court’s denial of his motion to correct erroneous sentence.
BRADFORD, J., concurs.
BAKER, J., would reverse as previously stated in his dissenting opinion.
NFP criminal opinions today (3):
Posted by Marcia Oddi on February 1, 2013 12:14 PM
Posted to Ind. App.Ct. Decisions