Opinions April 3, 2020

Indiana Court of Appeals
Tony Bethel Atkins v. State of Indiana
19A-CR-00951
Criminal. Reverses and remands the Monroe Circuit Court’s grant of the state’s motion to correct error regarding the trial court’s earlier grant of Tony Atkins’ motion to suppress. Finds the trial court erred when it found that Atkins was not in custody and was not entitled to Pirtle and Miranda advisements. Finds the trial court erred by granting the State’s motion to correct error and by reversing the earlier grant of Atkins’ motion to suppress.

State of Indiana v. Samuel E. Vande Brake
19A-CR-1772
Criminal. Reverses the Tippecanoe Superior Court’s dismissal of the state’s firearm enhancement on Samuel Vande Brake’s Level 3 felony aggravated battery conviction. Finds the trial court abused its discretion in dismissing the firearm enhancement. Reverses the dismissal and remands to the trial court with instructions to impanel a new jury to hear the enhancement charge.

Celso Abraham Clemente Ramirez v. Swages Real Estate, LLC (mem. dec.)
19A-PL-2174
Civil plenary. Affirms the Marion Superior Court’s denial of Celso Abraham Clemente Ramirez a/k/a Maynor Clemente Ramos’ claim against Swages Real Estate, LLC regarding certain property located at 5464 East 18th Street in Indianapolis. Finds the trial court did not err in concluding that Maynor did not meet his burden of showing that he held title to the property.

Joshua L. Waller v. State of Indiana (mem. dec.)
19A-CR-2615
Criminal. Reverses the Brown Circuit Court’s finding that Joshua Waller is a sexually violent predator under Indiana Code section
35-38-1-7.5(b)(2), concluding that the trial court erred. Remands the matter to the trial court with instructions to conduct a hearing during which the trial court should resentence Waller, considering whether he qualifies as an SVP under any other subsection of Indiana Code section 35-38-1-7.5.

Angelica Ramirez Gonzalez v. State of Indiana (mem. dec.)
19A-CR-2391
Criminal. Affirms Angelica Ramirez Gonzalez’s conviction of Class C misdemeanor operating a vehicle with a blood alcohol content of .08% per 100 milliliters of blood and Class C traffic infraction for failure to use a turn signal when changing lanes. Finds the Hendricks Superior Court did not admit evidence obtained in violation of Gonzalez’s rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Finds sufficient evidence to support her traffic infraction.

Justin Cherry v. State of Indiana (mem. dec.)
19A-CR-2273
Criminal. Affirms Justin Cherry’s aggregate 55-year sentence for Level 1 felony burglary, Level 2 felony conspiracy to commit burglary, and two counts of Level 3 felony armed robbery. Finds his sentence is not inappropriate and that his claim that the term of imprisonment improperly penalized him for exercising his right to a jury trial fails.

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