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Judges find man's sentence violates statute

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The Indiana Court of Appeals relied on a case from the state’s highest court to rule on whether a term of imprisonment for the purposes of Indiana Code 35-50-3-1(b) includes both the executed and suspended portions of a sentence.

Joey Jennings challenged his conviction of Class B misdemeanor criminal mischief and the sentence imposed by the Monroe Circuit Court – 180 days in jail with 150 suspended and 360 days of probation. Jennings didn’t think the state presented sufficient evidence to prove he was the person who slashed Cody Pope’s tire and scratched his truck. He also believed he was sentenced in excess of the statutory maximum sentence of 180 days because his terms of imprisonment and probation exceeded one year. This is prohibited under I.C. 35-50-3-1-(b).

The appellate court affirmed Jennings’ conviction in Joey Jennings v. State of Indiana, No. 53A01-1010-CR-541, finding that even though the evidence was circumstantial, it was enough to convict him. Witnesses heard the sound of air, like air brakes going off, and then Jennings’ car drove off quickly.

Regarding his sentence, the judges agreed with Jennings. They discussed several cases, including Beck v. State, 790 N.E.2d 520, 523 (Ind. Ct. App. 2003), that have construed the phrase “term of imprisonment,” but could not be controlling authority. Instead, they relied on Mask v. State, 829 N.E.2d 932 (Ind. 2005), to find that Jennings’ sentence needed to be revised.  The justices reasoned that incarceration under I.C. 35-50-1-2(c) doesn’t mean the period of executed time alone, and there is always the possibility that someone could have their parole or probation revoked and returned to prison.

“In other words, the imposition of a suspended sentence leaves open the real possibility that an individual will be ‘sent to incarceration for some period’ before being released from any penal obligation,” the Mask court wrote.

“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),” wrote Judge Paul Mathias. “We therefore remand this cause to the trial court for a redetermination of Jennings’s period of probation, not to exceed 185 days.”


 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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