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Opinions April 4, 2017

April 4, 2017

Indiana Court of Appeals
Joseph Lee Pierson v. State of Indiana
89A05-1306-CR-311
Criminal. Affirms Joseph Pierson’s conviction for neglect of a dependent resulting in death as a Class A felony. There is sufficient evidence from which a jury could find that Pierson acted in a knowing and voluntary manner. Also finds the parties in a criminal case are permitted to agree to use a video deposition. Finally, finds the full context of the experts’ remarks did not mislead the jury of the applicable legal standards.
 
Joseph P. Holstead v. State of Indiana (mem. dec.)
71A03-1608-CR-1820
Criminal. Affirms Joseph P. Holstead’s 65-year sentence for murder and eight-year sentence for Class C felony attempted robbery. Holstead waived his Appellate Rule 7(B) review by failing to present any argument regarding the nature of his offenses. Also finds that waiver notwithstanding, in light of Holstead’s character and the undisputed nature of his offenses, his sentence is not inappropriate.

Jeremy Alan Riddle v. State of Indiana (mem. dec.)
27A02-1606-CR-1491
Criminal. Affirms Jeremy Alan Riddle’s convictions for burglary as a Level 2 felony, robbery while armed with a deadly weapon as a Level 3 felony, conspiracy to commit burglary as a Level 2 felony, and conspiracy to commit robbery while armed with a deadly weapon as a Level 3 felony. The state presented sufficient evidence to support Riddle’s convictions beyond a reasonable doubt.

James A. McNabb v. State of Indiana (mem. dec.)
73A01-1609-CR-2249
Criminal. Affirms James McNabb’s sentence to concurrent sentences of 2 ½ years for Level 6 felony domestic battery and five years, with 2 ½ years suspended to probation, for Level 5 felony battery on a child less than 14 years of age. McNabb’s sentence is not inappropriate in light of the nature of the offense and his character.

Steven N. Hyland v. State of Indiana (mem. dec.)
02A05-1605-CR-1166
Criminal. Affirms Steven N. Hyland’s conviction of Level 6 felony resisting law enforcement. The Allen Superior Court did not abuse its discretion when it admitted evidence of Officer Lisa Woods’ stop of Hyland’s vehicle because Woods had reasonable suspicion to stop Hyland based on the totality of the circumstances. Also finds the state presented sufficient evidence.

Natividad Perez-Mendoza v. State of Indiana (mem. dec.)
32A01-1609-CR-2128
Criminal. Affirms Natividad Perez-Mendoza’s conviction of one count of identity deception as a Class D felony. Reverses Perez-Mendoza’s two other convictions of identity deception as Class D felonies and one conviction of identity deception as a Level 6 felony due to double jeopardy violations. Remands with instructions to vacate those three convictions. Also finds the Hendricks Circuit Court committed harmless error in admitting State’s Exhibit 1.
 

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