Opinions March 4, 2022

Court of Appeals of Indiana
Michael Bedtelyon v. State of Indiana
21A-CR-1952
Criminal. Reverses the revocation of four years of Michael Bedtelyon’s suspended sentence after his probation officer found Bedtelyon had violated his probation by watching sexually suggestive anime cartoons. Finds the Elkhart Superior Court abused its discretion. Also finds the state failed to prove by a preponderance of the evidence that Bedtelyon violated his probation because it produced no evidence that he had accessed or viewed obscene videos depicting or describing sexual conduct in a patently offensive manner.

Christopher Moto v. State of Indiana (mem. dec.)
21A-PC-1198
Post-conviction. Affirms the denial of Christopher Moto’s four petitions for post-conviction relief. Finds Moto’s freestanding sentencing claim is not cognizable in a PCR proceeding. Also finds the post-conviction court did not clearly err when addressing Moto’s requests for admissions or by denying Moto’s ineffective assistance of counsel claims.

Rodney M. Perry v. State of Indiana (mem. dec.)
21A-CR-1527
Criminal. Affirms Rodney Perry’s aggregate 45-year sentence for Level 1 felony child and Level 4 felony child molesting. Finds the Boone Superior Court did not abuse its discretion at sentencing by rejecting Perry’s proposed mitigating factors or by finding an aggravator in the harm to S.P. Also finds Perry’s sentence is not inappropriate given the nature of his offense and his character.

Thomas Wayne McKenzie v. State of Indiana (mem. dec.)
21A-CR-2214
Criminal. Affirms Thomas Wayne McKenzie’s 20-year sentence for three counts of Class A felony child molestation. Finds the Vanderburgh Superior Court did not abuse its discretion when it denied McKenzie’s motion to withdraw his guilty plea.

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