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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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