Lamkin v. State

OPINION

COATS, Chief Judge.

Douglas Bryan Lamkin pled guilty to one count of assault in the third degree (a class C felony) 1 and driving under the influence. 2 At sentencing, Lamkin asked the court to suspend the imposition of his sentence. The State opposed, arguing that the court was prohibited by statute from suspending the imposition of sentence for a felony assault. Superior Court Judge Michael Spaan concluded that Lamkin, a first-time offender, would have been a suitable candidate for a suspended imposition of sentence, but he concluded that he was prohibited from suspending the…