Jennings v. State
2011 Ind. App. LEXIS 1862
| Ind. Ct. App. | 2011Background
- May 26, 2009, Jennings and Leticia Terrell visit the Martins; Pope also present when Jennings drives up with a damaged muffler and approaches Terrell.
- Pope and Ms. Martin hear a loud noise outside; sounds described as air brakes or a psshh sound as Jennings’s car speeds away.
- Pope later discovers damage to his truck: a gash in the tire and three large scratches; police are called.
- June 19, 2009, State charges Jennings with Class A misdemeanor criminal mischief; at trial the charge is orally amended to Class B misdemeanor.
- July 22, 2010, Jennings is convicted of Class B misdemeanor criminal mischief; sentenced to 180 days with 30 executed and 150 suspended, plus 360 days of probation.
- Jennings appeals arguing insufficient evidence and improper sentencing; the court affirms in part, reverses in part, and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for mischief | Jennings | Jennings | Sufficient evidence to convict |
| Whether sentence violated statute | Jennings | Jennings | Sentence exceeded one-year total when considering executed and suspended terms; remanded to reset probation to not exceed 185 days |
Key Cases Cited
- Crowell v. State, 956 N.E.2d 203 (Ind. Ct. App. 2011) (not used; placeholder to illustrate structure)
- Atteberry v. State, 911 N.E.2d 601 (Ind. Ct. App. 2009) (sufficiency review; defer to probative evidence)
- Baumgartner v. State, 891 N.E.2d 1131 (Ind. Ct. App. 2008) (sufficiency and credibility considerations)
- Collins v. State, 835 N.E.2d 1010 (Ind. Ct. App. 2005) (term of imprisonment includes executed and suspended portions per §35-50-3-1(b))
- Copeland v. State, 802 N.E.2d 969 (Ind. Ct. App. 2004) (combined term of imprisonment and probation cannot exceed one year)
- Beck v. State, 790 N.E.2d 520 (Ind. Ct. App. 2003) (interpretation of term of imprisonment; executed vs suspended emphasis)
- Fry v. State, 939 N.E.2d 687 (Ind. Ct. App. 2010) (executed portion vs total probation; not controlling on issue here)
- Mask v. State, 829 N.E.2d 932 (Ind. 2005) (term of imprisonment includes suspended time for purposes of multi-sentence totals)
- Zinn v. State, 424 N.E.2d 1058 (Ind. Ct. App. 1981) (distinguishable from current case; reliance on motive evidence)