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Wednesday, January 11, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (1):

In Dominique Castillo v. State of Indiana, a 10-page opinion, Sr. Judge Sharpnack writes:

The trial court revoked the probation of Dominique Castillo and ordered that he serve the whole of his suspended sentence. He appeals contending that the trial court violated his due process rights because it did not explain why it ordered him to serve hi s entire suspended sentence. He also claims that because the trial court did not explain its choice, it is possible that it may have considered inappropriate testimony. He requests that we “reverse the trial court’s order revoking his suspended sentence and remand for an additional hearing to address the appropriate sanction for his violation of probation after which the trial court should issue a statement of its reasons for its decision.” Appellant’s Reply Br. p. 7. We affirm. * * *

Castillo’s argument, by his own admission, is “pure speculation because” according to Castillo “there is [no statement] from which the trial court’s rationale [in choosing a sanction] can be discerned.” Appellant’s Br. p. 11. However, w e already have determined the trial court was not required to provide specific reasons for imposing the sanction. W e are un persuaded the trial court may have considered inappropriate testimony. No abuse of discretion occurred here.

NFP civil decisions today (0):

NFP criminal decisions today (5):

Fernando J. Alvarez, Jr. v. State of Indiana (mem. dec.)

Alisha M. King v. State of Indiana (mem. dec.)

Billy T. Reames v. State of Indiana (mem. dec.)

Zachary Poteet v. State of Indiana (mem. dec.)

John Webb v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on January 11, 2017 11:18 AM
Posted to Ind. App.Ct. Decisions