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Opinions Sept. 15, 2017

September 15, 2017

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
22A01-1604-CR-856
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.

Kurt Muzquiz v. State of Indiana (mem. dec.)
69A04-1703-CR-457
Criminal. Affirms Kurt Muzquiz’s sentence to 10 years for his conviction of Level 5 felony corrupt business influence and being a habitual offender. Finds Muzquiz’s sentence is not inappropriate.

David L. Newson v. State of Indiana (mem. dec.)
49A05-1705-PC-1090
Post conviction. Affirms the denial of David L. Newson’s motion for modification of his 73-year sentence for his convictions of murder and Class C felony carrying a handgun without a license. Finds the Marion Superior Court did not abuse its discretion in denying Newson’s motion.

Jessica McCain v. State of Indiana (mem. dec.)
79A02-1703-CR-616
Criminal. Reverses Jessica McCain’s sentence to 40 years for her conviction of Level 1 felony child molesting. Finds a sentence above the advisory of 30 years is inappropriate under the circumstances of the case. Remands to the Tippecanoe Superior Court to impose a 30-year advisory sentence. Judge Paul Mathias concurs with separate opinion.

 

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