June 22, 2026
Indiana Court of Appeals
Erica Anders, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
No. 25A-CR-3171
Appeal from the Marion Superior Court, Magistrate Matthew E. Symons and Judge Helen W. Marchal. Erica Anders was found guilty of battery resulting in bodily injury. On appeal, Anders contended there was a material variance between the charging information and the evidence presented at trial, asserting that this variance prejudiced her defense. The court disagreed and affirmed the trial court’s decision, concluding that the specific terms used in the charge were surplusage and did not affect the charge’s validity. The court found no material variance because Anders had sufficient notice of the charges to prepare her defense, which did not rely on the precise nature of the alleged touching. Chief Judge Tavitas authored the opinion, with Judges Bradford and Felix concurring. Appellant’s attorney: Steven J. Halbert, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
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