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Akins v. State

Court of Appeals of Indiana

July 31, 2015

Kent Akins, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Marion Superior Court. The Honorable Annie Christ-Garcia, Judge. Cause No. 49F24-1312-FD-79414.

ATTORNEY FOR APPELLANT: Victoria L. Bailey, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, Indiana.

Darden, Senior Judge. Vaidik, C.J., and Bailey, J., concur.

OPINION

Darden, Senior Judge

Statement of the Case

[¶1] Kent Akins appeals the trial court's order requiring him to pay restitution to the City of Indianapolis. We reverse and remand for an evidentiary hearing.

Issue

[¶2] Akins raises one issue, which we restate as: whether the trial court abused its discretion in ordering Akins to pay restitution.

Facts and Procedural History

[¶3] On December 15, 2013, Akins struggled with police officers outside of a bar in Indianapolis and was arrested. The State charged Akins with battery on a law enforcement officer resulting in injury, a Class D felony. Ind. Code § 35-42-2-1 (2012). The charging information states:

On or about Dec [sic] 15, 2013, in Marion County, State of Indiana, the following named defendant Kent Akins, did knowingly touch, Tyler Watson, a law enforcement officer with the Indianapolis Metropolitan Police Department, in a rude, insolent, or angry manner, to wit: punched Officer Watson while said officer was engaged in the execution of his official duty, and further that said touching resulted in an injury, to wit: pain and/or swelling and/or bruising to said officer.

Appellant's App. p. 15.

[¶4] The State also charged Akins with resisting law enforcement, a Class A misdemeanor. Ind. Code § 35-44.1-3-1 (2013). The ...


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