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Wednesday, June 05, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In Jesus S. Gil v. State of Indiana , an 11-page opinion, Judge Mathias writes:

Jesus S. Gil (“Gil”) pleaded guilty to Class B felony burglary and was sentenced to twelve years in the Indiana Department of Correction with two years suspended to probation. Gil now appeals and raises four issues, which we restate as:
I. Whether the trial court abused its discretion by failing to specify written probation terms, by imposing a fine and restitution on Gil, or by making restitution joint and several; and
II. Whether the sentence was inappropriate in light of the nature of the offense and character of the offender.
We affirm in part, reverse in part, and remand. * * *

We reverse and remand with instructions for the trial court to enter a written order regarding probation conditions and terms and for the trial court to hold a new restitution hearing. We also conclude that the trial court’s sentence was not inappropriate in light of the nature of the offense and Gil’s character.

NFP civil opinions today (1):

Richard Brock and Gail Brock v. Pamela Gilbert (NFP)

NFP criminal opinions today (2):

Bennie Gavin v. State of Indiana (NFP)

Joshua Schulkers v. State of Indiana (NFP)

Posted by Marcia Oddi on June 5, 2013 10:59 AM
Posted to Ind. App.Ct. Decisions