MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Mar 30 2020, 11:13 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 Tyler D. Helmond F. Aaron Negangard Voyles Vaiana Lukemeyer Baldwin & Chief Deputy Attorney General of Webb Indiana Indianapolis, Indiana Josiah Swinney Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA James Brandon Loper, March 30, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-2449 v. Appeal from the Vanderburgh Circuit Court State of Indiana, The Honorable Carl. A. Heldt, Appellee-Plaintiff. Senior Judge Trial Court Cause No. 82C01-1908-F5-5837 Pyle, Judge. Court of Appeals of Indiana | Memorandum Decision 19A-CR-2449 | March 30, 2020 Page 1 of 9 Statement of the Case [1] James Loper (“Loper”) appeals the denial of his motion to reduce bond. At Loper’s probable cause hearing, the trial court initially set his bail at $10,000 surety or $1,000 cash. The State then charged Loper with three Level 5 felonies and three Level 6 felonies. Later, at his initial hearing, the trial court increased Loper’s bail to $50,000 surety or $5,000 cash. On appeal, Loper argues that the trial court abused its discretion when it denied his motion to reduce bond, which alleged that the increase was improper. Concluding that the trial court did not abuse its discretion, we affirm the trial court’s denial of the motion. [2] We affirm. Issue Whether the trial court abused its discretion when it denied Loper’s motion to reduce bond. Facts [3] In August 2009, two banks notified Raymond Kissel (“Kissel”) that checks connected to his checking account had recently been cashed and that his account had been flagged for suspicious activity. Following an investigation, wherein Loper admitted that he stole checks from Kissel, Loper was taken into custody. [4] On August 21, 2009, the trial court held a probable cause hearing and found that there was “probable cause to hold [Loper] on charge[s] of Theft, Fraud, Court of Appeals of Indiana | Memorandum Decision 19A-CR-2449 | March 30, 2020 Page 2 of 9 Check Deception, and Possession of a Legend Drug.” (Tr. 4). Thereafter, the trial court asked the State its position on bail, and the following exchange ensued: THE STATE: Thank you, Your Honor. It appears from the criminal history the Defendant has a severe alcohol problem, abuse problem. He has three prior Public Intoxications and three prior alcohol related Operating While Intoxicate[d]. He also has a 2004 ten Count forgery C felony conviction case as well as a 2002 Pike County Check Deception case. Thank you. The State would like to see him placed on AAPS and a no contact order with German American Bank and Raymond Kissel. THE COURT: Show bail of $10,000 surety or $1,000 cash, subject to fees and cost of ...
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