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Thursday, October 27, 2011
Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)
For publication opinions today (1):
In Joey Jennings v. State of Indiana , a 10-page opinion, Judge Mathias writes:
Joey Jennings (“Jennings”) was convicted of Class B misdemeanor criminal mischief and sentenced to 180 days in jail, with 150 days suspended and 360 days of probation. Jennings appeals and raises two issues, which we restate as: I. Whether the State presented sufficient evidence to support Jennings’s conviction; and II. Whether Jennings’s sentence is contrary to statute. * * *NFP civil opinions today (4):
Based on the reasoning set forth by our supreme court in Mask, and this court’s decisions in Collins and Copeland, we conclude that Jennings’s term of imprisonment for the purposes of Indiana Code section 35-50-3-1(b) includes not only the thirty-day executed portion of his sentence, but also the 150-day suspended term. Thus, the trial court’s imposition of a 360-day term of probation in addition to Jennings’s 180-day term of imprisonment caused Jennings to serve more than one year of combined imprisonment and probation, in violation of Indiana Code section 35-50-3-1(b). We therefore remand this cause to the trial court for a redetermination of Jennings’s period of probation, not to exceed 185 days.
Conclusion. The State presented sufficient evidence to support Jennings’s conviction. However, the trial court erred when it sentenced Jennings to a combined term of imprisonment and probation exceeding one year. We therefore remand to the trial court for a redetermination of Jennings’s period of probation, not to exceed 185 days.
NFP criminal opinions today (7):
Posted by Marcia Oddi on October 27, 2011 12:26 PM
Posted to Ind. App.Ct. Decisions