Opinions Jan. 29, 2024

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Court of Appeals of Indiana
Kenyonn Sincere v. State of Indiana
23A-CR-1172
Criminal. Affirms Kenyonn Sincere’s conviction of a Class A misdemeanor for falsely representing himself to be a detective with the Marion County Sheriff’s Department. Finds the admission of the challenged evidence was cumulative of other properly admitted evidence and therefore harmless. Also finds the deputy prosecutor did not commit prosecutorial misconduct and that the evidence is sufficient to sustain Sincere’s conviction.

Mamoon Anwarzai v. State of Indiana
23A-CR-1634
Criminal. Affirms the Shelby Circuit Court’s order that Mamoon Anwarzai pay $37,000 in restitution following his guilty plea to Level 4 felony burglary. Finds the state presented sufficient evidence to support the amount of restitution and that the trial court’s assessment that Anwarzai has the ability to pay the restitution amount is within the evidence. Also finds the trial court erred when it did not fix a periodic payment amount toward the restitution amount that Anwarzai can or will be able to afford. Remands with instructions for the court to fix a periodic payment amount based on what Anwarzai can or will be able to afford.

Michael O. Anderson Jr. v. State of Indiana (mem. dec.)
23A-CR-611
Criminal. Affirms Michael Anderson’s conviction of murder and 80-year sentence in Allen Superior Court. Finds there was sufficient evidence to support Anderson’s conviction and that his sentence is not inappropriate.

Chasen R. Lovell v. State of Indiana (mem. dec.)
23A-CR-1184
Criminal. Affirms Chasen R. Lovell’s conviction in Tippecanoe Superior Court for Level 6 felony failure of a sex offender to possess identification with a prior conviction and his sentence of more than one year and five months to the Indiana Department of Correction. Finds Lovell’s sentence is not inappropriate in light of the nature of his offense and his character.

Elizabeth Dee Mantle v. State of Indiana (mem. dec.)
23A-CR-2084
Criminal. Affirms Elizabeth Dee Mantle’s sentence for Level 6 felony possession of methamphetamine and Level 6 felony neglect of a dependent. Finds Mantle has not carried her burden of persuading the appellate court that her sentence is inappropriate. Also finds her history of misdemeanor convictions and engagement in a variety of misconduct before sentencing demonstrated that Mantle was not a good candidate for community corrections or probation.

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