D.D., Appellant-Respondent v. State of Indiana, Appellee-Petitioner (2024)

Court of Appeals of Indiana.

D.D., Appellant-Respondent v. State of Indiana, Appellee-Petitioner

Court of Appeals Case No. 23A-JV-2816

Decided: June 13, 2024

Attorneys for Appellant, Talisha R. Griffin, Megan Shipley, Marion County Public Defender Agency, Indianapolis, Indiana Attorneys for Appellee, Theodore E. Rokita, Attorney General of Indiana, Catherine E. Brizzi, Deputy Attorney General, Indianapolis, Indiana

MEMORANDUM DECISION ON REHEARING

Pyle, Judge.

[1] D.D. filed a petition for rehearing asking that we reconsider our holding that there was sufficient evidence to support D.D.’s Level 6 felony escape adjudication. In his petition, D.D. alleges that we had considered facts that were not admitted at his fact-finding hearing. We find this point well taken. Accordingly, we grant rehearing and order the trial court to reverse D.D.’s true finding for Level 6 felony escape.

[2] We reverse.

Memorandum Decision by Judge Pyle

Judges Bailey and Crone concur. Bailey, J., and Crone, J., concur.

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