Opinions Aug. 7, 2017

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Indiana Court of Appeals
Thomas W. Julian v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas W. Julian’s sentence to 55 years for his convictions of two counts of child molesting as Level 1 felonies, two counts of child molesting as Class C felonies and one count of child exploitation as a Level 5 felony. Finds Julian has not carried his burden of proving his sentence is inappropriate.

Donald C. Powers, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Donald C. Powers Jr.’s sentence to an aggregate of 33 years for his convictions under separate causes of Level 3 felony burglary and Level 3 felony attempted aggravated battery. Finds Powers’ sentence is not inappropriate in light of the nature of his offenses and his character. Judge Elaine Brown dissents with separate opinion.

Mitchell R. Fontaine v. State of Indiana (mem. dec.)
Criminal. Affirms Mitchell R. Fontaine’s conviction of possession of paraphernalia with intent to introduce a controlled substance into his body. Finds the evidence was sufficient to support Fontaine’s conviction. Also finds Fontaine’s sentence is longer than the law permits, in violation of Indiana Code 35-50-1-2(d)(1). Remands for a new sentence within the statutory limits.  


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