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COA rules trial court cannot exceed scope of plea agreement

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A man will have to serve his full sentence, but the Indiana Court of Appeals has ruled since his plea agreement makes no mention of restitution, he will not have to pay.

The Court of Appeals affirmed the sentence but reversed a restitution order in Adam Morris v. State of Indiana, 14A05-1209-CR-495.

Adam Morris was charged in October 2009 with Class C felony causing death while operating a vehicle with a blood alcohol equivalent of 0.08 or more. His fiancée, Jennifer Celeste, died of injuries she sustained when the ATV Morris was driving was involved in an accident with another ATV. A blood test later indicated Morris had a BAC of 0.158.

In July 2012, Morris agreed to plead guilty to the lesser included offense of Class A misdemeanor operating while intoxicated. The agreement noted he would be sentenced at the discretion of the court, but it made no mention of restitution.

Subsequently, the trial court sentenced Morris to a term of one year, full executed. It also ordered Morris to pay $14,972.45 to Celeste’s family as restitution related to her funeral expenses.

Morris appealed, in part, challenging the restitution order. He asserted the order improperly applies to the Class C felony charge that was dismissed.

In considering Morris’ argument, the COA pointed to a “more fundamental problem.” Specifically, the plea agreement made no mention of whether the defendant could be ordered to pay restitution.

The COA reversed the order that Morris pay, ruling that when a plea agreement is silent on the issue of restitution, a trial court may not order the defendant to pay as part of the sentence. Such an order would exceed the scope of the plea agreement.
 
 

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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