Opinions April 7, 2015

April 7, 2015

Indiana Court of Appeals
Glenn Sciaraffa v. State of Indiana
Criminal. Affirms conviction for dealing in methamphetamine, a Class B felony; maintaining a common nuisance, a Class D felony; possession of paraphernalia, a Class A misdemeanor; and an adjudication as a habitual substance offender. Finds no fundamental error occurred during the admission of presumptive positive test and rules the state’s closing arguments fell within the bounds of prosecutorial advocacy. Also holds the state presented sufficient evidence beyond a reasonable doubt to sustain Sciaraffa’s conviction for dealing in methamphetamine.  

John W. Light v. State of Indiana
Criminal. Affirms 13-year aggregate sentence for pleading guilty to operating a motor vehicle while privileges are forfeited for life, a Class C felony and operating a vehicle while intoxicated, a Class A misdemeanor with an adjudication as a habitual substance offender. Ruled the Class C felony enhancement was based on a March 2002 conviction while the HSO enhancement was based on convictions in 1995 and 1993.

Mark M. Jervis v. State of Indiana
Post conviction. Affirms denial of post-conviction relief for a 1993 murder conviction. Jervis’ counsel was not ineffective for failing to recommend that he accept the state’s plea deal, for failing to object to the state’s alleged destruction of evidence and for failing to move for mistrial due to jury misconduct.

Jon Jerricco Haupert v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of strangulation, a Class D felony and battery resulting in bodily injury, a Class A misdemeanor. Remands with instructions for the trial court to correct the abstract of judgment to reflect that the habitual offender adjudication merits an enhancement to the sentence on the Class D felony rather than a separate consecutive sentence.