Purvi Patel to be released from prison

A St. Joseph County judge has resentenced Purvi Patel to 18 months in prison, more time than she has served, and the court documents say she should be released immediately.

The judge's resentencing order was issued Wednesday. After considering mitigating and aggravating circumstances, the judge sentenced Patel to 18 months in prison for neglect of a dependent, a Class D felony.

She has served 525 days and with Class 1 credit, she has served a total of 1050 days - in excess of the 18 month sentence.

She will be released immediately from the Department of Corrections and will not be subject to parole.

We are working to find out when she will be released.

Patel was charged with feticide and neglect of a dependent after her infant's body was found in a dumpster in July 2013.

At trial in January 2015, the prosecution said Patel purchased drugs over the internet to cause an abortion. The prosecution argued the baby was born alive, the defense argued it was stillborn.

Patel was convicted of feticide and neglect of a dependent in February 2015 and was sentenced to 30 years in prison on the neglect charge, with 10 years suspended, and 6 years on the feticide charge, to be served concurrently.

Patel appealed the conviction in April 2015.

Last month, the Indiana Court of Appeals reversed Patel's conviction on feticide charges saying the charge was never intended to be used against a mother.

Because there was insufficient evidence to prove the baby could have survived had Patel gotten the child medical care, the neglect of a dependent charge was dropped from a Class A felony to a Class D felony.