Legal Opinion

Prewitt v. State

Indiana Supreme Court

Decided December 18, 2007No. 10S04-0707-CR-294PublishedCited by 479 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

The question here is whether the provisions of the Indiana Code governing probation violations permit a trial judge to order execution of one portion of a previously suspended sentence and continuation of another portion as probation under modified terms. We hold that such a disposition is within a court’s statutory authority. The appropriate standard to apply when reviewing a sentence imposed for a probation violation is abuse of discretion.

Facts and Procedural History

In January 2001, Russell Prewitt was convicted of attempted possession of cocaine. The court sentenced…

2Cases cited12 opinions

  1. Dague v. Piper Aircraft Corp.Indiana Supreme Court · 1981
  2. Sanders v. StateIndiana Court of Appeals · 2005
  3. Sales v. StateIndiana Supreme Court · 2000
  4. Stephens v. StateIndiana Supreme Court · 2004
  5. B.K.C. v. StateIndiana Court of Appeals · 2003

7 more not listed; retrieve them via the Exa API.

3Cited by479 opinions

  1. Woods v. StateIndiana Supreme Court · 2008
  2. Kimberly Heaton v. State of IndianaIndiana Supreme Court · 2013
  3. Cooper Industries, LLC v. City of South BendIndiana Supreme Court · 2009
  4. James Ripps v. State of IndianaIndiana Court of Appeals · 2012
  5. Figures v. StateIndiana Court of Appeals · 2010

474 more not listed; retrieve them via the Exa API.

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