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Wednesday, January 25, 2017

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

For publication opinions today (1):

In Jerry Baker v. State of Indiana, an 8-page opinion, Judge Altice writes:

Jerry Baker pled guilty to operating a vehicle while intoxicated as a Class A misdemeanor. Following a restitution hearing, the trial court ordered Baker to pay restitution in the amount of $2,082.00, which was the difference between the insurance payout for the totaled vehicle and the cost of a replacement vehicle. On appeal, Baker argues that the trial court abused its discretion in ordering him to pay restitution in the amount of $2,082.00. We reverse and remand.

The parties make competing arguments as to how to classify the restitution order—as a condition of probation or a part of the executed sentence. A review of the record reveals that Baker agreed to the standard conditions and fees of probation, which included the requirement that he “pay all Court-ordered fines, costs, fees and restitution as directed.” Further, in the written sentencing order, the court noted “restitution to [N]ancy Apollos TBD” in a comment section for probation. This same notation is included in a description of terms of probation on the Standard Conditions form. Thus, despite the fact that the trial court did not check a separate box indicating restitution was a condition of probation, we think that restitution was clearly intended as such. Consequently, it was incumbent on the trial court to inquire into Baker’s ability to pay and to fix the manner of performance with regard to the payment of restitution. See Bell v. State, 59 N.E.3d 959, 963 (Ind. 2016) (citing Pearson, 883 N.E.2d at 772). On remand, the trial court is directed to make such inquiry.

NFP civil decisions today (2):

Janet Caraboa v. Johnson County Fraternal Order of Eagles, Inc. #4132, New Whiteland Post #6978, Inc. Veterans of Foreign Wars, and Paul Martin (mem. dec.)

Rachel Stempien v. Jacqueline R. Keating (mem. dec.)

NFP criminal decisions today (3):

Eric Hollis v. State of Indiana (mem. dec.)

Matthew B. Bakewell v. State of Indiana (mem. dec.)

Daniel Massey v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on January 25, 2017 11:15 AM
Posted to Ind. App.Ct. Decisions