Grassmyer v. State

DeBRULER, Justice.

This is an appeal from a conviction for arson, a class A felony. The appellant, Ronald Lee Grassmyer, was sentenced to twenty years’ imprisonment, with ten of the years suspended.

The appeal was originally filed in the Court of Appeals. That court transferred the case here on the theory that since the pertinent statute imposes probation on a person whose sentence is suspended in part, and since probation is part of a sentence, the appellant was subject to a minimum sentence of twenty years. The court reasoned that the period of incarceration is not determinative, but rather…