Opinions December 19, 2024
Indiana Court of Appeals
Robert Carl Christopher v. State of Indiana
24A-CR-1044
Criminal. Affirms Bartholomew Circuit Court Judge Kelly Benjamin’s sentencing order of Robert Christopher to nine years executed in the Department of Correction and one year suspended to probation for felony armed robbery. Finds that the trial court’s allocution procedure was erroneous, but Christopher did not object and has failed to show fundamental error. Also finds Christopher has not met his heavy burden of establishing fundamental error because the matters elicited during cross-examination and further discussed on re-direct examination were part of the pre-sentence investigation report, a report upon which the court relied during sentencing. Attorney for appellant: Benjamin Loheide. Attorneys for appellees: Attorney General Todd Rokita, Assistant Section Chief for Criminal Appeals Kelly Loy.