Grassmyer v. State
Decision Date | 29 October 1981 |
Docket Number | No. 3-481A89,3-481A89 |
Citation | 426 N.E.2d 1377 |
Parties | Ronald L. GRASSMYER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
Court | Indiana Appellate Court |
John F. Hoehner, Valparaiso, for appellant.
Linley E. Pearson, Atty. Gen., Carmen L. Quintana, Deputy Atty. Gen., Indianapolis, for appellee.
Ronald L. Grassmyer was convicted of arson resulting in bodily injury, a Class A felony. 1 The trial court imposed the following judgment (sentence): 2
(brackets added)
The Ind.Rules of Procedure, Appellate Rule 4(A)(7) provides:
And, AP. 4(B) provides:
"In all other cases, appeals shall be taken to the Court of Appeals...."
It is well-established that the differing jurisdictions of the courts of appeal are determined by the minimum sentence imposed. Brady v. State (1981), Ind., 417 N.E.2d 1108; Garrett v. State (1980), Ind.App., 415 N.E.2d 720. Therefore, the Supreme Court has exclusive jurisdiction over this appeal.
The fact that ten years of the twenty-year sentence was suspended is not relevant to the determination of jurisdiction upon appeal. The suspension of a sentence in Indiana is governed exclusively by statute. State ex rel. Gash v. Morgan County Superior Court (1972), 258 Ind. 485, 283 N.E.2d 349, modified on other grounds, Hoffa v. State (1977), 267 Ind. 133, 368 N.E.2d 250. In pertinent part, Ind.Code § 35-50-2-2 (Supp.1980) provides:
"Whenever the court suspends a sentence for a felony, it shall place the person on probation under IC 35-7 for a fixed period to end not later than the date the suspended sentence expires."
Thus, when the defendant's sentence is suspended, the defendant is placed on probation by operation of the statute. Probation is a sentence which must be served like any other sentence. It is not a reduction in the sentence, but rather, is a supervised sentence without incarceration. Campbell, Law of Sentencing, § 11 (1978). This is further evidenced by the fact that should the terms of probation be violated, the court may order the defendant to execute the sentence originally suspended. Ind.Code § 35-7-2-2(f) (Supp.1980).
Therefore, the jurisdiction of the courts of appeal is determined by the "minimum sentence" imposed, not by the term the defendant is to serve...
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Grassmyer v. State
...the period of the penalty including non-incarceration time. The transfer was made pursuant to a published opinion appearing at Ind.App., 426 N.E.2d 1377. This case is overruled. The jurisdiction of this Court is reckoned by determining the minimum period of incarceration which would satisfy......
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Huff v. State, 1181S328
...Code Sec. 35-41-5-2 (Burns 1979) In Grassmyer v. State, (1981) Ind.App., 426 N.E.2d 1377 the defendant was sentenced to twenty (20) years imprisonment, ten years of which was suspended. "After release from incarceration" he was to serve five (5) years probation. The Cour......