Ballard v. State

Indiana Supreme Court

Ballard v. State

812 N.E.2d 789, 2004 Ind. LEXIS 685, 2004 WL 1724872

CourtIndiana Supreme Court

DecidedJuly 28, 2004

Docket24S01-0407-CR-332

StatusPublished

Cited by2 cases

This text of 812 N.E.2d 789 (Ballard v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ballard v. State, 812 N.E.2d 789, 2004 Ind. LEXIS 685, 2004 WL 1724872 (Ind. 2004).

Pincite

Opinion

PUBLISHED ORDER

This matter is before us on appellant's petition to transfer jurisdiction pursuant to Appellant Rule 56(B).

After being convicted of voluntary manslaughter as a Class A felony, appellant was sentenced to an enhanced term of forty years. See Ind.Code §§ 85-42-1-3; 35-50-2-4. The trial court suspended ten years of the enhanced sentence subject to certain conditions.

Appellant raised the enhanced sentence as an issue in this appeal. A unanimous Court of Appeals concluded that the misdemeanors in appellant's criminal history were not significant aggravators sufficient to justify an enhanced sentence, and reduced the sentence to the presumptive term of thirty years. Ballard v. State, 808 N.E.2d 729, 736 (Ind.Ct.App.2004). In doing so, however, the Court of Appeals failed to reinstate the ten-year period of suspension. We do so now.

Accordingly, the petition to transfer is granted. Appellant's sentence shall be the presumptive term of thirty years with ten of those years suspended. The Court of Appeals opinion is otherwise summarily affirmed. See App. R. 58(A)Q).

All Justices concur.

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