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M.M. v. State

Court of Appeals of Indiana

April 22, 2015

M.M., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 517

Appeal from the Marion Superior Court. The Honorable Marilyn A. Moores, Judge, The Honorable Geoffrey A. Gaither, Magistrate. Cause No. 49D09-1308-JD-2364.

ATTORNEY FOR APPELLANTS: Laura M. Taylor, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Jonathan R. Sichtermann, Deputy Attorney General, Indianapolis, Indiana.

Najam, Judge. Baker, J., and Friedlander, J., concur.

OPINION

Page 518

Najam, Judge.

Statement of the Case

[¶1] After adjudicating M.M. a delinquent for failing to stop after an accident, a Class C misdemeanor when committed by an adult, the juvenile court ordered M.M. to serve probation and, as a condition of that probation, to pay restitution to his victim. Thereafter, the court discharged M.M. from probation, but it did not terminate his obligation to make restitution.[1] M.M. appeals the court's order and argues that Indiana law required the juvenile court to terminate his restitution obligation upon his discharge from probation. On this question of first impression, we hold that, when restitution is a condition of a juvenile's probation, Indiana law does not require that the restitution obligation terminate upon the juvenile's discharge from probation. Accordingly, we affirm on the merits of this appeal, but we remand with instructions that the court correct an error in one of its orders.

Facts and Procedural History

[¶2] On August 16, 2013, while driving a vehicle, M.M. struck a vehicle driven by Sherrie Cannon. M.M. did not stop immediately after the accident but was forced to stop shortly after a witness, Dawn Abbey, blocked M.M.'s vehicle with her own vehicle. Police arrived soon after and arrested M.M.

[¶3] On August 19, the State alleged M.M. to be a delinquent on the grounds that he had committed various traffic offenses. On September 13, M.M. admitted to the State's allegation that he had failed to stop pursuant to Indiana Code Section 9-26-1-2, a Class C misdemeanor when committed by an adult. Pursuant to his admission agreement, M.M. agreed to pay $500 in restitution to Cannon. The court accepted M.M.'s admission agreement and placed M.M. on probation. The court ordered that restitution be made as a condition of M.M.'s probation.

[¶4] On August 21, 2014, the court held a compliance hearing. At that hearing, the court discharged M.M. from probation but, over M.M.'s objection, refused to terminate ...


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