Smith v. State

I respectfully dissent from the portion of the majority's opinion holding that the trial court did not err in sentencing Smith to one year of probation in addition to an executed sentence of 110 days. A trial court does not have the authority to sentence a defendant to a term in excess of that prescribed by statute. Niece v. State (1983), Ind.App., 456 N.E.2d 1081, 1084. The maximum penalty prescribed for a Class A misdemeanor is one year. Ind.Code 85-50-8-2. Any sentence above that is illegal, Niece, 456 N.E.2d at 1084. Thus, because Smith received 110 days executed, he could be placed on…