Holiday v. State, 031219 INCA, 18A-CR-2014

Docket Nº:18A-CR-2014
Opinion Judge:Robb, Judge.
Party Name:Thomas Holiday, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:ATTORNEY FOR APPELLANT William T. Myers Blackford County Public Defender Marion, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana
Judge Panel:Riley, J., and Kirsch, J., concur.
Case Date:March 12, 2019
Court:Court of Appeals of Indiana
 
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Thomas Holiday, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-2014

Court of Appeals of Indiana

March 12, 2019

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Blackford Superior Court The Honorable John N. Barry, Judge Trial Court Cause No. 05D01-1712-CM-339

ATTORNEY FOR APPELLANT William T. Myers Blackford County Public Defender Marion, Indiana

ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Caroline G. Templeton Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Robb, Judge.

Case Summary and Issue

[¶1] Following a bench trial, Thomas Holiday was found guilty of battery resulting in bodily injury, a Class A misdemeanor. The trial court sentenced Holiday to one year of probation and ordered him to pay restitution in the amount of $1, 295.44. This case presents the sole issue of whether the trial court abused its discretion in ordering Holiday to pay $1, 295.44 in restitution. Concluding the trial court abused its discretion, we reverse the restitution order and remand for a new restitution hearing.

Facts and Procedural History

[¶2] Nicole Lugar and Holiday were in an on and off romantic relationship and shared a son together. The two had been living together at Lugar's apartment, but were experiencing relationship problems. Lugar asked Holiday to move out on November 8, 2017. Holiday packed his belongings and left. On the morning of November 9, Lugar and Bruce Hall1 awoke to find Holiday standing at the end of their bed "[d]istraught, upset, [and] mad[.]" Transcript, Volume I at 8. As Hall tried to get out of bed, Holiday "clenched his fists" and walked toward Hall. Id. Holiday grabbed Hall and as Hall attempted to push Holiday, he fell onto the bedside table and hit his head, causing him to lose consciousness. When Hall regained consciousness, Holiday was on top of him, punching him. At some point, Holiday stuck his finger in Hall's eye. See id. at 9. As a result, the side of Hall's face was bruised and he suffered a "softball size[d]" area of internal bleeding on his leg, which prompted him to go to the hospital. Id. at 10.

[¶3] On December 7, the State charged Holiday with a single count of battery resulting in bodily injury, a Class A misdemeanor. A bench trial was held on July 20, 2018, and the trial court found Holiday guilty as charged. Hall requested restitution in the amount of $1, 295.44, which included medical expenses and lost wages. At the bench trial, Hall testified that he was uninsured at the time of the incident and received a cash discount from the hospital. He also testified that due to his...

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