Legal Opinion · Dissent

Adam Morris v. State of Indiana

Indiana Court of Appeals

Decided August 23, 2013No. 14A05-1209-CR-495Published

1DissentBaker, Judge

I respectfully part ways with the majority's decision to grant the State's petition for rehearing. I embrace the general notion that in most cases where there is an "open" plea situation, the plea is silent on the issue of restitution, and the sentence is left entirely to the trial court's discretion, an award of restitution may be entered. Gil v. State, 988 N.E.2d 1231 (Ind.Ct.App.2013), Huddleston v. State, 764 N.E.2d 655 (Ind.Ct.App.2002).

Although I initially intended to grant the State's petition for rehearing in this ease, I note that Morris agreed to plead guilty to the lesser offense…

2Cases cited3 opinions

  1. Jesus S. Gil v. State of IndianaIndiana Court of Appeals · 2013
  2. Huddleston v. StateIndiana Court of Appeals · 2002
  3. Adam Morris v. State of IndianaIndiana Court of Appeals · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API