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Monday, April 27, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (1):

In Adegoke Adetokunbo aka Robert Adesanoye, and Grace Itaniyi v. State of Indiana, a 12-page opinion, Judge Robb writes:

A bench trial was held for Adegoke Adetokunbo and Grace Itaniyi, who were tried as codefendants. Adetokunbo was found guilty of resisting law enforcement, a Class A misdemeanor, and battery, a Class B misdemeanor. Itaniyi was found guilty of resisting law enforcement, a Class A misdemeanor, battery, a Class B misdemeanor, and disorderly conduct, a Class B misdemeanor. Following their convictions and sentence, Adetokunbo and Itaniyi appealed jointly, challenging the sufficiency of evidence supporting their convictions. We conclude there was insufficient evidence to support Itaniyi’s conviction for battery, and we remand with instructions that that conviction be vacated. However, we conclude that Itaniyi and Adetokunbo’s remaining convictions are supported by sufficient evidence and must be affirmed. * * *

We conclude that convicting a defendant of battering a person who was not the victim alleged in the charging information constitutes a material variance, and there was insufficient evidence to support Itaniyi’s conviction for battery against Flores as a Class B misdemeanor. Therefore, we reverse and remand with instructions that Itaniyi’s battery conviction be vacated. With respect to Itaniyi and Adetokunbo’s remaining convictions, we conclude the State presented sufficient evidence.

NFP civil decisions today (1):

Bloomington Police Department v. Stone Belt, Inc. (mem. dec.)

NFP criminal decisions today (2):

Anthony Gonterman v. State of Indiana (mem. dec.)

Terry Twitty, Sr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 27, 2015 11:27 AM
Posted to Ind. App.Ct. Decisions