Joey Jennings v. State of Indiana
2013 Ind. LEXIS 129
| Ind. | 2013Background
- Jennings convicted of criminal mischief, a Class B misdemeanor, for vandalizing a truck.
- Judgment: 30 days executed, 150 days suspended, and 360 days on probation.
- Court of Appeals remanded on sentencing, holding term of imprisonment includes executed and suspended time, so total could not exceed one year.
- Indiana Supreme Court granted transfer on both sufficiency of evidence and sentencing issues to clarify term of imprisonment.
- Court holds that term of imprisonment excludes suspended time and that combined imprisonment plus probation cannot exceed one year, remanding for proper probation length (not to exceed 335 days).
- Statutory framework involved: IC 35-50-3-1(b) and related misdemeanor sentencing provisions; Smith v. State historically limited total term to one year, but Jennings sought to redefine term of imprisonment to include suspended time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Definition of term of imprisonment under statute | Jennings: term includes executed and suspended time. | Jennings and State: term excludes suspended time; probation can run up to one year. | Term of imprisonment does not include suspended time. |
| Combined term of imprisonment and probation cannot exceed one year | Combination could exceed the one-year maximum if suspended time counted. | Legislature intended total not to exceed one year regardless of suspension. | Combined term of imprisonment plus probation may not exceed one year. |
Key Cases Cited
- Smith v. State, 621 N.E.2d 325 (Ind. 1993) (set the one-year cap for misdemeanor sentencing (probation plus imprisonment))
- Beck v. State, 790 N.E.2d 520 (Ind. Ct. App. 2003) (probation limited by Smith; challenged interpretation of suspended time)
- Copeland v. State, 802 N.E.2d 969 (Ind. Ct. App. 2004) (suspended sentence viewed as probation; raised questions on timing)
- Collins v. State, 835 N.E.2d 1010 (Ind. Ct. App. 2005) (progeny of Beck/Copeland; debate on statutory limits)
- Mask v. State, 829 N.E.2d 932 (Ind. 2005) (felony context; discussed but not controlling for misdemeanor sentencing)