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Wednesday, October 08, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In Rodney A. Richard v. State of Indiana , a 7-page opinion, Judge Robb writes:

Rodney A. Richard appeals his Class A felony convictions for dealing in cocaine within one thousand feet of a public park and dealing in cocaine within one thousand feet of a family housing complex. Richard raises two issues for our review, which we consolidate and restate as one: whether there was sufficient evidence to support Richard’s convictions. We conclude there was sufficient evidence to convict Richard of dealing in cocaine within one thousand feet of a public park, and we affirm that conviction. We also conclude, however, the State did not offer sufficient evidence to prove Richard committed dealing in cocaine within one thousand feet of a family housing complex. Accordingly, we reverse that conviction as a Class A felony and remand with instructions that the trial court enter a conviction as a Class B felony and resentence Richard on that count. We therefore affirm in part, reverse in part, and remand. * * *

At trial, the State submitted evidence that arguably established that Garden Estates Housing Complex was a family housing complex within one thousand feet of the offense at the time of trial. However, the State failed to submit evidence at trial proving beyond a reasonable doubt that such was true at the time of Richard’s offense, which occurred more than one year earlier.

NFP civil opinions today (1):

In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.J.L. and J.L., Minor Children, and their father, S.L., S.L. v. Indiana Department of Child Services (NFP)

NFP criminal opinions today (5):

Dominique Burton v. State of Indiana (NFP)

Veldon Thompson v. State of Indiana (NFP)

Glendal Rhoton v. State of Indiana (NFP)

Allen E. Vaughn Jr. v. State of Indiana (NFP)

Frederick L. Freeman v. State of Indiana (NFP)

Posted by Marcia Oddi on October 8, 2014 11:59 AM
Posted to Ind. App.Ct. Decisions