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Wednesday, November 18, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)

For publication opinions today (1):

In T.L. Brandon Hollar v. State of Indiana , an 11-page opinion, Judge Bailey writes:

Hollar argues that he received the maximum sentence despite two years being suspended to probation. The State disagrees, citing Jenkins v. State, 909 N.E.2d 1080 (Ind. Ct. App. 2009), trans. denied. The Jenkins court noted a split of opinion on this Court as to whether a fully executed sentence is equivalent to a sentence of equal length with part suspended to probation. Id. at 1084. While acknowledging that probation can be revoked,2 the court concluded that, in analyzing whether a sentence is inappropriate under Indiana Appellate Rule 7(B), anything less than a fully executed sentence of the maximum length does not constitute a maximum sentence. Id. at 1085-86.

There is a “continuum of possible punishments” that essentially ranges in severity based on the degree to which the punishment impinges on a defendant's liberty. * * *

In light of this spectrum and its varying degrees of restraint on the liberty and freedom of a defendant, we look to whether the sentence is composed of executed imprisonment time, in whole or in part, or includes any alternatives to incarceration when performing 7(B) analysis. Here, Hollar was ordered to serve one year of imprisonment and two years of supervised probation. With credit time, Hollar could serve as little as six months in prison. * * *

Based on the nature of the offense and the character of the offender, Hollar has not persuaded us that his sentence of one year imprisonment and two years of probation is inappropriate. Affirmed.

BRADFORD, J., concurs.
VAIDIK, J., concurs in result with opinion. [that concludes] I would decline to follow Jenkins and instead review the entirety of Hollar's suspended and executed sentences for inappropriateness. However, I join the majority in concluding that Hollar's imposed sentence is not inappropriate in light of the nature of the offense and the character of the offender. I therefore concur in result.

NFP civil opinions today (0):

NFP criminal opinions today (4):

Curtis Tyrone Love v. State of Indiana (NFP)

Curtis Dewhart v. State of Indiana (NFP)

Robert Michael Webb v. State of Indiana (NFP)

James L. Ratliff v. State of Indiana (NFP)

Posted by Marcia Oddi on November 18, 2009 10:58 AM
Posted to Ind. App.Ct. Decisions