Opinions Jan. 19, 2021

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Indiana Court of Appeals

Bobby L. Peck v. State of Indiana (mem. dec.)

20A-CR-1583

Criminal. Affirms Bobby Peck’s aggregate four-year sentence after he pleaded guilty to two counts of Level 6 felony identity deception and his admission to being a habitual offender. Finds the sentence imposed in Warren Circuit Court is not inappropriate.

Ricky Levale Johnson v. State of Indiana (mem. dec.)

20A-CR-1150

Criminal. Affirms Ricky Johnson’s convictions of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony possession of a narcotic drug, Level 6 felony maintaining a common nuisance and Class B misdemeanor possession of marijuana. Finds the Tippecanoe Superior Court did not err in denying Johnson’s motion for a mistrial based on allegations the state failed to timely disclose exculpatory evidence.

Kenneth W. Guy v. State of Indiana (mem. dec.)

19A-CR-2756

Criminal. Affirms Kenneth Guy’s convictions of Level 3 felony aggravated battery and Class A misdemeanor resisting law enforcement. Finds that he was not subjected to double jeopardy when he was convicted of aggravated battery in Brown Circuit Court after he was acquitted in a prior jury trial of attempted murder based on the same conduct. Likewise, finds the trial did not err in denying Guy’s motion for discharge under Indiana Criminal Rule 4(B).

Jessica Kulibert v. Timothy J. Kulibert (mem. dec.)

20A-DR-1465

Domestic relation. Affirms the Hancock Circuit Court’s denial of Jessica Kuibert’s petition to modify child support based on credits for benefits, finding no abuse of discretion.

Duane Riddle v. State of Indiana (mem. dec.)

20A-CR-1479

Criminal. Affirms the Clark Circuit Court’s revocation of Duane Riddle’ probation and order that he serve his previously suspended nine-year sentence in the Department of Correction. Finds the trial court did not abuse its discretion.

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