Opinions Nov. 16, 2020

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Indiana Court of Appeals
Robert James Plato, Jr. v. State of Indiana (mem. dec.)
20A-CR-475
Criminal. Affirms the Madison Circuit Court’s revocation of Robert Plato Jr.’s probation and order that he serve the four years of his previously suspended sentence. Finds the trial court did not abuse its discretion.

Emily Gail McFarling v. State of Indiana (mem. dec.)
20A-CR-73
Criminal. Affirms Emily McFarling’s conviction of Level 6 felony operating a vehicle while intoxicated, Class B misdemeanor leaving the scene of an accident and her adjudication as a habitual vehicular substance offender. Finds that by failing to contemporaneously object to the admission of evidence in Boone Superior Court stemming from a traffic stop, McFarling failed to preserve any error for appeal.

Javier Contreras-Garcia v. State of Indiana (mem. dec.)
20A-CR-768
Criminal. Affirms Javier Contreras-Garcia’s aggregate 24-year sentence and his conviction in Allen Superior Court of Level 3 counts of criminal confinement and aggravated battery. Finds the trial court did not abuse its discretion by identifying improper aggravating circumstances, failing to identify a mitigating factor that was supported by the record or in ordering consecutive 12-year sentences.

Aquila A. Binion v. State of Indiana (mem. dec.)
19A-CR-2688
Criminal. Affirms the Elkhart Superior Court’s denial of Aquila Binion’s motion to file a belated appeal. Finds he failed to file an appeal through his own negligence and did not diligently pursue permission to file a belated notice of appeal.

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