Summary
The Indiana Supreme Court held that, under Indiana Code § 35-50-3-1(b), the term "term of imprisonment" refers only to executed incarceration and does not include suspended time. The Court ruled that a misdemeanor sentence may combine imprisonment and probation, provided the combined period does not exceed one year. It affirmed the sufficiency of the evidence supporting Jennings's criminal-mischief conviction and remanded for resentencing with a probationary period not exceeding 335 days.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to support Jennings's conviction for Class B misdemeanor criminal mischief.
- Whether the phrase 'term of imprisonment' in Indiana Code section 35-50-3-1(b) includes suspended imprisonment.
- Whether the combined term of imprisonment and probation for a misdemeanor may exceed the statutory maximum term of imprisonment for the particular misdemeanor, so long as it does not exceed one year.
Holdings
- The evidence was sufficient to support Jennings's conviction for criminal mischief.
- For purposes of misdemeanor sentencing, 'term of imprisonment' means the total amount of time the misdemeanant is incarcerated and does not include suspended time.
- Regardless of the maximum imprisonment term for the particular misdemeanor, the combined term of imprisonment and probation may not exceed one year; suspended imprisonment is not included in calculating the imprisonment component of that limit.
Key quotations
“We hold it does not.” (982 N.E.2d at 1003)
“For the purpose of Indiana Code § 35-50-3-1, “term of imprisonment” means the total amount of time a misdemeanant is incarcerated.” (982 N.E.2d at 1009-10)
“Further, regardless of the maximum sentence available under Indiana Code §§ 35-50-3-2, 35-50-3-3, and 35-50-3-4, the combined term of imprisonment and probation for a misdemeanor may not exceed one year.” (982 N.E.2d at 1010)
Factual background
A jury convicted Joey Jennings of criminal mischief as a Class B misdemeanor for vandalizing another man's truck. The trial court sentenced him to 30 days executed, 150 days suspended, and 360 days of probation. The sentencing issue concerned whether suspended imprisonment counted as part of the statutory 'term of imprisonment' when combined with probation.
Procedural history
A jury convicted Jennings of Class B misdemeanor criminal mischief. The Monroe Circuit Court imposed 30 days executed, 150 days suspended, and 360 days of probation. The Court of Appeals found the evidence sufficient but concluded that executed imprisonment, suspended imprisonment, and probation could not collectively exceed one year. The Supreme Court summarily affirmed the sufficiency determination, clarified the meaning of the misdemeanor sentencing statute, and remanded for a probation term consistent with its opinion.
Remand instructions
Remand to the trial court to impose a probationary period consistent with the opinion, not exceeding 335 days, calculated as 365 days minus the 30 days of executed imprisonment.