ILNews

Teen has 1 adjudication overturned, must still pay restitution

Back to TopCommentsE-mailPrintBookmark and Share

A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.

Police Officer Havis Harris spotted what she believed was a reported stolen Honda Accord and followed it into a gas station parking lot. When the car stopped, she saw at least three people “bail out” of the car and run away from the gas station. She radioed for back up, and Officer James Blythe, who was just a block away, set up a perimeter. He saw two males who matched Harris’ description walk by, so he stopped them. Harris watched the gas station’s surveillance video and confirmed the two stopped were involved. One of the teens stopped was C.H.

C.H. was adjudicated for committing what would be Class A misdemeanor criminal trespass and Class B misdemeanor unlawful entry of a motor vehicle if committed by an adult. He was on probation at the time.

The juvenile court ordered he pay the owner of the Honda $500 in restitution and recommended all other probation orders be completed, including paying $500 in restitution to the victim of the C.H.’s previous crime.

C.H. appealed in C.H. v. State of Indiana, 49A02-1310-JV-904. The Court of Appeals rejected his claim that the stop by Blythe violated his federal or statute constitutional rights, noting Blythe had reasonable suspicion to stop him based on Harris’ description of the suspects. The judges also affirmed that he pay restitution. C.H. never raised any objection to the restitution orders when the juvenile court imposed them and, in fact, he affirmatively agreed to the imposition of restitution, Judge Rudolph Pyle III wrote. His attorney said he had reviewed the probation department’s recommendations – which included restitution – and that C.H. was “in agreement with all of them” except two unrelated issues.

But the judges did reverse his adjudication for Class B misdemeanor unlawful entry of a motor vehicle because the state used the same evidence to establish the essential elements of both offenses. They remanded for the court to vacate that adjudication.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT