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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.