Kathleen K. Peterink v. State of Indiana

OPINION

FRIEDLANDER, Judge.

Kathleen Peterink pleaded guilty to Possession of Marijuana1 as a class A misdemeanor and was subsequently sentenced to one year imprisonment suspended to probation, which was to include six months on home detention. Peterink challenges the sentence imposed, presenting two issues for our review:

1. Is the sentence imposed contrary to Ind.Code Ann. § 35-50-3-1 (West, Westlaw current through legislation effective May 31, 2012)?

2. Is a defendant serving time on home detention as part of probation entitled to good time credit?

We reverse and remand.

A probation search of…