Summary
The Indiana Supreme Court held that appellate review under Indiana Appellate Rule 7(B) may consider the totality of the penal consequences imposed in a sentence, including suspended time and other sentencing components. The court affirmed the defendant’s aggregate 545-day sentence, with 180 days executed and 365 days suspended to probation, and disapproved contrary Court of Appeals decisions.
Holdings
- Appellate courts reviewing sentence appropriateness under Indiana Appellate Rule 7(B) may consider all aspects of the penal consequences imposed by the trial judge, including the portion of a sentence suspended to probation and other sentencing consequences.
- The Court of Appeals correctly affirmed Davidson's sentence because Rule 7(B) review properly included consideration of the suspended portion of the 545-day sentence, and the judgment was affirmed.
Questions Presented
- Whether appellate review under Indiana Appellate Rule 7(B) may consider the suspended portion of a criminal sentence and other penal consequences imposed by the trial court.
- Whether Davidson's aggregate 545-day sentence was inappropriate in light of the nature of the offense and the character of the offender.
Disposition
affirmed
Cases Cited (6)
- Davidson v. State, 916 N.E.2d 954 (Ind. Ct. App. 2009)(followed)
- Jenkins v. State, 909 N.E.2d 1080 (Ind. Ct. App. 2009)(followed)
- Eaton v. State, 825 N.E.2d 1287 (Ind. Ct. App. 2005)(overruled)
- Beck v. State, 790 N.E.2d 520 (Ind. Ct. App. 2003)(followed)
- Pagan v. State, 809 N.E.2d 915 (Ind. Ct. App. 2004)(overruled)
- Cox v. State, 792 N.E.2d 898 (Ind. Ct. App. 2003)(overruled)
Cited In (0)
No citing cases on record yet.
Court Document
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