Legal Opinion

Jose Maldonado-Morales v. State of Indiana

Indiana Court of Appeals

Decided February 25, 2013No. 20A05-1205-CR-255PublishedCited by 4 opinions

1Opinion of the Court

OPINION

SHARPNACK, Senior Judge.

STATEMENT OF THE CASE

Jose Maldonado-Morales appeals his conviction of domestic battery in the presence of a child, a Class D felony. Ind. Code § 35-42-2-1.3 (2006).

We affirm.

ISSUE

The sole issue in this appeal is whether the trial court abused its discretion when it instructed the jury on the doctrine of transferred intent.

FACTS AND PROCEDURAL HISTORY

In November 2009, Maldonado-Morales was involved in an altercation with his ex-wife and mother of his child, Ana Justo, and Justo’s boyfriend, Victor Ortega. Late in the evening, Maldonado-Morales went to Justo’s…

2Cases cited4 opinions

  1. Treadway v. StateIndiana Supreme Court · 2010
  2. Mayes v. StateIndiana Supreme Court · 2001
  3. Markley v. StateIndiana Court of Appeals · 1981
  4. D.H. v. StateIndiana Court of Appeals · 2010

3Cited by4 opinions

  1. Cory Lowden v. State of IndianaIndiana Court of Appeals · 2016
  2. Brent M Maxwell v. State of IndianaIndiana Court of Appeals · 2025
  3. Daniel Paul Foster v. State of IndianaIndiana Court of Appeals · 2013
  4. Jorge Lopez v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2016

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