Jennings v. State

OPINION ON PETITION FOR REHEARING

MATHIAS, Judge.

The State petitions for rehearing of our opinion in Jennings v. State, 956 N.E.2d 203 (Ind.Ct.App.2011). We grant the petition for the limited purpose of addressing the State’s argument that our holding conflicts with a prior opinion of our supreme court, but reaffirm our earlier decision in all respects.

For his Class B misdemeanor conviction, Jennings received the maximum sentence of 180 days, with thirty days executed, 150 days suspended, and 360 days of probation. We concluded that this sentence violated Indiana Code section 35-50-3-1(b)…