MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 20 2018, 10:20 am court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Robert W. Hammerle Curtis T. Hill, Jr. Hackman Hullet LLP Attorney General of Indiana Indianapolis, Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Bradley Back, August 20, 2018 Appellant-Defendant, Court of Appeals Case No. 18A-CR-583 v. Appeal from the Dearborn Superior Court State of Indiana, The Honorable Jonathan N. Appellee-Plaintiff. Cleary, Judge Trial Court Cause No. 15D01-1704-F2-12 Brown, Judge. Court of Appeals of Indiana | Memorandum Decision 18A-CR-583 | August 20, 2018 Page 1 of 13 [1] Bradley Back appeals the trial court’s denial of his Verified Motion to Reduce Bail. We affirm. Facts and Procedural History [2] On April 18, 2017, the State charged Back with: Count I, manufacturing or possessing a destructive device as a level 5 felony; Count II, attempting to manufacture a destructive device as a level 5 felony; and Count III, criminal recklessness while armed with a deadly weapon as a level 6 felony. An entry in the chronological case summary (“CCS”) dated April 20, 2017, provides: “Bail Order - Bail set in amount of $250,000 Cash and $500,000 Surety.” Appellant’s Appendix Volume II at 4. On April 25, 2017, the State filed a motion for leave to amend the charging information to add a charge of possessing a destructive device as a level 2 felony, to be numbered as Count I, and to renumber the remaining counts, and the court granted the motion. [3] On May 3, 2017, Back filed a motion for reduction of bond in which he requested that he be released on home detention to live with his parents and stated that he would be under constant supervision by a family member. Five days later he filed a supplement stating that his father was offering to post a property bond consisting of his home and 23.42 acres valued at approximately $350,000, and that his mother was offering to post a property bond consisting of 21.348 acres valued at approximately $125,000. That same day the State filed a motion to increase bond stating that the charges had been amended to level 2 felony status. Court of Appeals of Indiana | Memorandum Decision 18A-CR-583 | August 20, 2018 Page 2 of 13 [4] On May 9, 2017, the court held a bail hearing. On May 15, 2017, the court issued a Second Bail Order which included the following findings: 6. Defendant does not have a criminal record or history of failure to appear. 7. Defendant had a gallbladder surgery on February 24, 2017 and still receives medication for this medical procedure. 8. The Court considers that a support group consisting of over ...
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