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Thursday, August 21, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 10 NFP)

For publication opinions today (2):

In Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al. , a 20-page opinion, Judge Bailey writes:

Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, Inc., and Valley Watch, Inc. (collectively, “Interveners”) appeal an order of the Indiana Utility Regulatory Commission (“the Commission”) approving a request from Duke Energy, Indiana, Inc. (“Duke”) to include power plant construction costs incurred April 1, 2012 to September 30, 2012 in a rate adjustment rider (“ICGG-10”), in implementation of a settlement agreement between Duke, the Indiana Office of Utility Consumer Counselor (“the OUCC”), and other entities. We affirm. * * *

The Interveners have not demonstrated that the Commission acted contrary to law by approving the order in ICGG-10.

In James S. Littrell v. State of Indiana , a 12-page opinion, Judge Baker writes:
James Littrell appeals his conviction for possession of cocaine as a class B felony, claiming that the trial court violated his right to a fast and speedy trial when his trial was scheduled 112 days after the State’s petition for an extension under Criminal Rule 4(D) was granted. Littrell also contends that the State’s evidence is insufficient to show possession because the cocaine was found inside the shorts of another passenger. Finally, Littrell argues that his aggregate sentence of twenty-five years is inappropriate in light of the nature of the offense and his character. Finding that his right to a fast and speedy trial was not violated, that the evidence is sufficient to support his conviction for possession of cocaine, and that his sentence is not inappropriate, we affirm the judgment of the trial court; however, we remand to the trial court for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders. * * *

Finally, Littrell requests that the sentencing order be amended to show that Littrell’s conviction on Count VII, operating a vehicle while having a schedule I or schedule II controlled substance in the body, was a Class C misdemeanor, not a felony as indicated in the guilty plea and sentencing orders. The State acknowledges that the offense was indeed a misdemeanor, not a felony. Therefore, we remand this matter to the trial court with instructions to correct this error in the guilty plea and sentencing orders.

Based on the foregoing, the judgment of the trial court is affirmed and remanded for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders, which mistakenly lists one of Littrell’s misdemeanors as a felony.

NFP civil opinions today (0):

NFP criminal opinions today (10):

Darryll Beamon v. State of Indiana (NFP)

Latorrea D. Ware v. State of Indiana (NFP)

John Naylor v. State of Indiana (NFP)

Antonio D. Rose v. State of Indiana (NFP)

Kurnie Nickson v. State of Indiana (NFP)

Darryl J. Goodwin v. State of Indiana (NFP)

Leonard Abshier, III v. State of Indiana (NFP)

Megan Renea Mecum v. State of Indiana (NFP)

David Jones v. State of Indiana (NFP)

John Watson v. State of Indiana (NFP)

Posted by Marcia Oddi on August 21, 2014 11:23 AM
Posted to Ind. App.Ct. Decisions