Michael L. Curtis v. State of Indiana

OPINION ON REHEARING

SHARPNACK, Senior Judge.

Following our opinion in Curtis v. State, 981 N.E.2d 625 (Ind.Ct.App.2013), which reversed the trial court’s denial of Michael Curtis’s motion for relief from judgment and remanded with instructions to vacate the order authorizing forfeiture of his truck, the State petitions for rehearing. We grant rehearing to address the State’s argument but still conclude that the trial court abused its discretion by denying Curtis’s motion.

Curtis was caught selling pirated movies out of his truck. The State charged him with four counts of Class D felony fraud…