Kyle Bess v. State of Indiana
Annotate this Case
Download PDF
APPELLANT PRO SE ATTORNEYS FOR APPELLEE Kyle Bess New Castle, Indiana Gregory F. Zoeller Attorney General of Indiana Chandra K. Hein Stephen R. Creason Richard C. Webster Deputy Attorneys General Indianapolis, Indiana ______________________________________________________________________________ In the Indiana Supreme Court FILED Dec 16 2016, 1:42 pm CLERK Indiana Supreme Court Court of Appeals and Tax Court _________________________________ No. 09S02-1609-CR-484 KYLE BESS, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Appeal from the Cass Superior Court, No. 09D02-1502-F5-14 The Honorable Richard A. Maughmer, Judge _________________________________ On Petition for Rehearing _________________________________ December 16, 2016 Per Curiam. Kyle Bess seeks rehearing from our opinion denying his request for sentencing relief under Indiana Appellate Rule 7(B). See Bess v. State, 58 N.E.3d 174 (Ind. 2016). Bess takes issue with our statement that in soliciting his 14-year-old niece, Bess “had her sit on his lap.” Id. Bess contends his niece did not, in fact, sit on his lap. He states he asked her to do so, but she declined. Bess contends this inaccuracy originated in the State’s Appellee’s Brief and that this “false statement impacted the decision made by the Indiana Supreme Court to affirm the trial court.” Pet. for Reh’g at 11. Bess is correct that the record reflects he solicited his niece to sit on his lap and she declined, not that he “had her sit on his lap.” See Tr. 48, 51. This factual difference does not alter our original decision. We grant rehearing to correct the facts as reflected herein. In all other respects the original opinion is affirmed. All Justices concur.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
