Opinions Dec. 3, 2020

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Indiana Court of Appeals
Matthew Powell v. State of Indiana (mem. dec.)
20A-CR-1371
Criminal. Affirms Matthew Powell’s aggregate 15-year sentence for conviction in Fayette Superior Court of Level 4 felony dealing in methamphetamine and his habitual offender status. Finds Powell’s sentence was not inappropriate considering his character. Also finds Powell is not entitled to a sentence reduction pursuant to Indiana Appellate Rule 7(B).

Matthew P. Apodaca v. ERA First Advantage Realty, Inc. (mem. dec.)
20A-SC-505
Small claims. Reverses the Warrick Superior Court’s ruling that Matthew Apodaca owes a real estate sale commission to ERA First Advantage Realty, Inc. for a purchase of residential real estate that Apodaca negotiated and closed on his own. Finds the trial court erred as a matter of law in finding that Apodaca was required to pay the commission to Michael Melton for Apodaca’s purchase of the property. Remands to enter judgment for Apodaca on ERA Realty’s Statement of Claim.

Nathan Hummel v. State of Indiana (mem. dec.)
20A-CR-1316
Criminal. Affirms the Starke Circuit Court’s refusal to modify Nathan Hummel’s 25-year sentence for three Class B felony convictions — dealing in a narcotic drug, robbery and aiding, inducing or causing robbery — and Class C felony disarming an officer. Finds the trial court did not abuse its discretion when it denied Hummel’s request for a sentence modification that the court was without authority to grant. Finds that because no promises for a sentencing reduction after Hummel’s completion of Recovery While Incarcerated were made, none were broken.

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