State v. Hartman

The intention of the legislature constitutes the law. Wedmore v. State (1954), 233 Ind. 545, 551, 122 N.E.2d 1, 4. Therefore, "[in reviewing a statute, our foremost objective is to determine and effect legislative intent." Spaulding v. Int'l Bakers Serv., Inc. (1990), Ind., 550 N.E.2d 307, 309.

In my view, this court in Berjamin v. State (1987), Ind.App., 508 N.E.2d 1360 and again today ignored this primary rule of statutory construction, leading to a construction of IND.CODE 35-45-4-4 antithetical to the intent of the General Assembly, and raising serious problems under Art. 1, §§ 16 and 18…