Legal Opinion

Gardiner v. State

Indiana Court of Appeals

Decided March 31, 2009No. 08A02-0810-CR-874PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ROBB, Judge.

Case Summary and Issue

Julie Gardiner appeals the trial court's modification of her sentence for dealing in methamphetamine within 1000 feet of a public park, a Class A felony, to twenty years all to be executed at the Department of Correction. For our review, Gardiner raises a single issue: whether the trial court erred when it determined that Indiana Code section 35-50-2-2(b)(1) (the "non-suspension rule") prohibited it from suspending any portion of Gardiner's twenty-year sentence where Gardiner had a prior Class D felony conviction that was subsequently reduced to a…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Myers v. StateIndiana Court of Appeals · 1999
  2. Houston v. StateIndiana Court of Appeals · 2008
  3. State v. MessengerIndiana Court of Appeals · 1995
  4. Gardiner v. StateIndiana Court of Appeals · 2008
  5. Hutcherson v. StateIndiana Supreme Court · 1982

3Cited by1 opinion

  1. Gardiner v. StateIndiana Court of Appeals · 2009

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