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COA reverses sentencing on grounds it exceeded statutory maximum

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The Indiana Court of Appeals agreed with a defendant that her sentence for a Class A misdemeanor possession of marijuana exceeded the statutory maximum and remanded the case to the trial court for resentencing.

After a search of her home in July 2010, Kathleen Peterink was charged with possession of cocaine or narcotic drug as a Class D felony and possession of marijuana as a Class A misdemeanor. She pleaded guilty to the second count and the state dismissed the first.

On Nov. 1, 2011, the trial court in Noble County sentenced Peterink to one year of imprisonment, suspended to probation. As a special condition of probation, Peterink had to serve six months in home detention for which she would not receive good time credit.

 Peterink argued that her sentence exceeded the statutory maximum for a Class A misdemeanor. She cited Jennings v. State in support of her view that the trial court gave her a two-year sentence by sentencing her to one year suspended and one year probation.

The state did not challenge Peterink’s reliance upon Jennings but asked the court to revisit the issue addressed by Jennings with regard to misdemeanor sentencing.

Noting that Jennings holds the term of imprisonment to include both the executed and suspended portions of a sentence, the court agreed with Peterink. It reversed the sentence imposed by the trial court and remanded for resentencing.

In his dissenting opinion, Judge Michael Barnes stated he would not follow the Jennings holding. He wrote that Peterink’s sentence does not exceed the statutory maximum, saying such an interpretation would “fundamentally disrupt the sentencing practices of trial courts.”  

The court also reversed the trial court’s order that Peterink serve six months of home detention without receiving good-time credit. Citing an ambiguity in the state code, the court ruled that a “fair reading of the statutes taken together” leads to Peterink being entitled to good time credit.


 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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