Monday, December 21, 2015
Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decision(s))
For publication opinions today (2):
In John Paul Garcia v. State of Indiana , a 13-page, 2-1 opinion, Judge May writes:
John Paul Garcia appeals the court’s imposition of his sixty-six month sentence and its order of restitution. He asserts the restitution order was an abuse of discretion and the length of his sentence is inappropriate in light of his character and offense. * * *In Edward Wolpert v. State of Indiana, a 6-page opinion, Judge May concludes:
[O]ur Indiana Supreme Court has held that when the record contains insufficient evidence to support an order of restitution, the case may be remanded for the trial court to hold another hearing. Iltzsch v. State, 981 N.E.2d 55, 57 (Ind. 2013). Thus, we remand this case to the trial court with instructions to conduct a new restitution hearing at which both the State and Garcia may present additional evidence bearing on the restitution due to Bowman.
We affirm the length of Garcia’s sentence, but we reverse the order of restitution and remand for a new restitution hearing.
Crone, J., concurs.
Bradford, J., concurs in part and dissents in part with separate opinion. [which begins, at p. 9] I fully concur with the majority that Garcia’s sixty-six month sentence is not inappropriate, but because I believe that the State presented evidence sufficient to support an order of restitution, I respectfully dissent in part. Under the circumstances of this case, where the amount of restitution is not disputed and was reported in documents of sufficient reliability that were made part of the record, I would affirm the trial court’s order of restitution.
The trial court did not abuse its discretion when it admitted the results of Wolpert’s breath test because the State provided a proper foundation for its admission by submitting the inspection certification as required by Ind. Code § 9-30-6-5(d). Accordingly, we affirm.NFP civil decisions today (1):
NFP criminal decisions today (5):
Posted by Marcia Oddi on December 21, 2015 11:19 AM
Posted to Ind. App.Ct. Decisions