Whew!!
Probably not a decision of too much interest to many of you, except for those of you who represent people facing a revocation of probation, or those of you facing a revocation of your own probation . . . But the Indiana Supreme Court reversed the Court of Appeals today:
We hold that a trial court has the statutory authority to order executed time following revocation of probation that is less than the length of the sentence originally suspended, so long as, when combined with the executed time previously ordered, the total sentence is not less than the statutory minimum.
Link.
The prior decision basically said it was an all or nothing proposition as to how much time the trial court could impose if the probation was revoked.
