APPELLANT PRO SE ATTORNEYS FOR APPELLEE
Kyle Bess Gregory F. Zoeller
New Castle, Indiana Attorney General of Indiana
Chandra K. Hein
Stephen R. Creason
Richard C. Webster
Deputy Attorneys General
Indianapolis, Indiana
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FILED
In the Dec 16 2016, 1:42 pm
CLERK
Indiana Supreme Court Indiana Supreme Court
Court of Appeals
and Tax Court
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No. 09S02-1609-CR-484
KYLE BESS,
Appellant (Defendant below),
v.
STATE OF INDIANA,
Appellee (Plaintiff below).
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Appeal from the Cass Superior Court, No. 09D02-1502-F5-14
The Honorable Richard A. Maughmer, Judge
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On Petition for Rehearing
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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.
Kyle Bess v. State of Indiana
Combined Opinion