Legal Opinion
Robison v. State
Indiana Court of Appeals
Decided February 16, 1977No. 3-1275A292PublishedCited by 15 opinions
1Opinion of the CourtGarrard, J.
The appellant was charged with theft and was tried by the court. At the conclusion of the trial the court made the following entry,
“Finding of guilty as charged and judgment is now by the court withheld.”
We are aware of the practice of some trial courts in utilizing this form of entry in certain cases. However, it is not authorized by statute or rule. See, e.g., Indiana Rules of Procedure, Criminal Rule 11; IC 1971, 35-8-1 (A) -1, 2.
A defendant may, if he chooses, compel the court to discharge its duty to promptly pronounce judgment and sentence. Taylor v. State (1976), 171 Ind. App. 476, 358…
2Cases cited5 opinions
- Warner v. StateIndiana Supreme Court · 1924
- Smith v. StateIndiana Supreme Court · 1919
- Taylor v. StateIndiana Court of Appeals · 1976
- Spall v. StateIndiana Court of Appeals · 1973
- Clanton v. StateIndiana Court of Appeals · 1974
3Cited by15 opinions
- Reaves v. StateIndiana Supreme Court · 1992
- Kenneth C. Vantine and Rebecca Vantine v. Elkhart Brass Manufacturing Company, Inc. And Wausau Insurance CompanyCourt of Appeals for the Seventh Circuit · 1985
- Chissell v. StateIndiana Court of Appeals · 1999
- Lighty v. StateIndiana Court of Appeals · 2000
- King v. StateIndiana Court of Appeals · 1999
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