Describes split in Court of Appeals cases as to whether suspended or other non-executed portions of a sentence count the same as incarceration portions of sentence in Appellate Rule 7(B) sentence appropriateness analysis.
E. Najam
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.
Young v. State, No. 06A01-0808-CR-395, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2009)
Affirms condition not to drive during entire eight year probation period, even though it was six years more than the maximum statutory license suspension.
Knoebel v. Clark County Superior Court No. 1, No. 22A01-0808-CV-384, __ N.E.2d __ (Ind. Ct. App., Feb. 17, 2009)
Probation officer demoted from chief probation officer status was not entitled to retain the salary increase for a chief probation officer.
R.W. v. State, No. 31A05-0803-JV-161, __ N.E.2d ___ (Ind. Ct. App., Feb. 19, 2009)
Delinquency initial hearing record did not show juvenile was given a meaningful opportunity to confer with his parent before they waived his right to counsel.