Opinions March 20, 2019

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Indiana Court of Appeals
Andrew Lee Swain v. State of Indiana (mem. dec.)

Criminal. Affirms Andrew Swain’s aggregate six-year sentence following the revocation of his probation and his guilty plea to Level 5 felony escape and Level 6 felony unlawful possession of a syringe. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Finds the Grant Superior Court did not abuse its discretion in not finding Swain’s mental illness to be a mitigating factor.

Larry Corneal Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Larry Johnson’s conviction for two counts of Level 2 and one count of Level 5 felony dealing in a narcotic drug and Level 6 felony maintaining a common nuisance. Finds the Vanderburgh Superior Court did not violate Johnson’s right to counsel by allowing him to proceed pro se, that Johnson did not reassert his right to counsel, and the trial court did not commit fundamental error by permitting the state to introduce evidence of Johnson’s prior drug dealing.

Wendy Mabry v. Anthony Jones (mem. dec.)
Juvenile paternity. Affirms in part, reverses in part the Marion Circuit Court’s order denying Wendy Mabry’s motion to modify the child support obligation of Anthony Jones. Finds Mabry established prima facie error regarding the determination of jones’ weekly gross income. Remands with instructions to determine Jones’ dependable weekly gross income without holding another hearing and to enter an appropriate amended child support modification order which makes his modified support obligation effective as of the February 2017 modification hearing. Also determines Jones’ arrearage and the amount he must pay weekly toward the arrearage.

Kathy Hardesty v. State of Indiana (mem. dec.)
Criminal. Affirms Kathy Hardesty’s aggregate 12-year sentence for conviction of Level 5 felony dealing in methamphetamine and her adjudication as a habitual offender pursuant to a guilty plea. Finds Hardesty’s sentence is not inappropriate in light of the nature of the offense and her character.

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