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Wednesday, October 16, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)

For publication opinions today (2):

In Steven R. Ott v. State of Indiana, a 9-pge opinion, Judge Brown writes:

Steven R. Ott appeals the denial of his motion to correct error following the trial court’s order denying his “Verified Motion to Convert Class D Felony Conviction to a Class A Misdemeanor Pursuant to I.C. 35-50-2-7(c).” Ott raises one issue which we revise and restate as whether the court erroneously denied his motion to correct error. We affirm. * * *

Ott argues that he was sentenced approximately six weeks before the law designating classes of felonies went into effect. He contends that “[i]t would appear that the legislative intent, as evidenced by the language of the statute, was to make possession of LSD a class D felony.” Ott states that “if he had been sentenced six weeks later his sentence would have ranged from six (6) months to three (3) years.” * * *

Based upon the language in the relevant statutes, we cannot say that the legislature provided for a modification of a felony conviction to a misdemeanor conviction for a felony committed prior to the division of felony classes. Under the circumstances, we cannot say that the trial court had authority to grant Ott’s motion to convert his conviction to a class A misdemeanor.

In Carl Croom v. State of Indiana, an 11-page opinion, Judge Vaidik writes:
Indianapolis Metropolitan Police Department Officer Bryan Zotz stopped Carl Croom after a search of his interim dealer license plate revealed that there was no registration information in the database. When the officer stopped Croom, the officer discovered that Croom’s driving privileges had been forfeited for life and arrested him. Croom had a bench trial and was convicted. Croom appeals his conviction for Class C felony operating a motor vehicle after his driving privileges had been forfeited for life. He argues that the officer did not have reasonable suspicion under the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution that his interim dealer license plate was unregistered. Finding that the officer had reasonable suspicion to conduct an investigatory traffic stop because the officer mistakenly believed that all of the old interim dealer license plates had expired, we affirm.
NFP civil opinions today (0):

NFP criminal opinions today (1):

John Neal Clark v. State of Indiana (NFP)

Posted by Marcia Oddi on October 16, 2013 12:38 PM
Posted to Ind. App.Ct. Decisions