Davidson v. State, 926 N.E.2d 1023 (Ind. 2010). · Go Syfert
Davidson v. State, 926 N.E.2d 1023 (Ind. 2010). Cases Citing This Book View Copy Cite
341 citation events (341 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2010 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Percilla A. Aguilar v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
upon the review of sentence appropriateness under appellate rule 7, appellate courts may consider all aspects of the penal consequences imposed by the trial judge in sentencing the defendant.
discussed Cited as authority (verbatim quote) Birol Simsek v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
upon the review of sentence appropriateness under appellate rule 7, appellate courts may consider all aspects of the penal consequences imposed by the trial judge in sentencing the defendant.
discussed Cited as authority (verbatim quote) Brian M. Marley v. State of Indiana (2×) also: Cited as authority (rule)
Ind. Ct. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant on probation is subject to the revocation of probation and may be required to serve up to the full original sentence.
cited Cited as authority (rule) B K v. State of Indiana
Ind. · 2024 · confidence medium
Though we have passingly described restitution as a “penalt[y]” in the criminal context, Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010), the label is a poor fit here.
cited Cited as authority (rule) Timothy L Hall, Jr. v. State of Indiana
Ind. Ct. App. · 2024 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Ines Garcia Perez v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
We Court of Appeals of Indiana | Memorandum Decision 20A-CR-1396| December 30, 2020 Page 8 of 11 consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [14] Regarding the nature of the offense, the advisory sentence is the starting point that the legislature has selected as an appropriate sentence for the crime committed.
discussed Cited as authority (rule) Yariel Butler v. State of Indiana (mem. dec.) (2×) also: Cited "see"
Ind. Ct. App. · 2020 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Robert M. Rogers v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [10] We first look to the nature of the offense.
discussed Cited as authority (rule) Steven A. Trusty v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
The trial court ordered him to serve two years executed and suspended one year to probation.3 To determine whether Trusty’s sentence is inappropriate, we consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [19] Trusty argues that his sentence is inappropriate because his offenses were non- violent, he is sober and willing to…
discussed Cited as authority (rule) Grady Styles v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
To determine whether Styles’s sentence is inappropriate, we consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [22] Styles argues that his sentence is inappropriate because he led a law-abiding life for over fifteen years and is therefore not one of the worst offenders.
discussed Cited as authority (rule) Tommy L. Sanders v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Court of Appeals of Indiana | Memorandum Decision 20A-CR-22 | June 24, 2020 Page 7 of 9 [18] Although Sanders’s sentence exceeds the advisory sentence for his offense, he received a significant benefit from his alternative placement.1 To determine whether Sanders’s sentence is inappropriate, we consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d …
discussed Cited as authority (rule) Adam Christopher Avila v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
When considering the appropriateness of a sentence, we consider “all aspects of the penal consequences imposed by the trial judge in sentencing[,]” including “whether a portion of the sentence is ordered suspended.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Christian A. Hamrick v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
In conducting our review, we may consider “all aspects of the penal consequences imposed by the trial court in sentencing, i.e., whether it consists of executed time, probation, suspension, home detention, or placement in community corrections, and whether the sentences run concurrently or consecutively.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Cody Lee Bellamy v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Edward M. Hampton v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2020 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Richard A. Mise v. State of Indiana
Ind. Ct. App. · 2020 · confidence medium
When considering the appropriateness of a sentence, we consider “all aspects of the penal consequences imposed by the trial judge in sentencing,” including “whether a portion of the sentence is ordered suspended.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Cody E. Reynolds v. State of Indiana
Ind. Ct. App. · 2020 · confidence medium
In particular, we may consider “whether a portion of the sentence is ordered suspended or is otherwise fashioned using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [59] “[W]e must and should exercise deference to a trial court’s sentencing decision, both because Rule 7(B) requires us to give ‘due consideration’ to that decision and because we understand and recognize the unique perspective a trial court brings to its sentencing decisions.” Stewart v. State, 866 N.E.2d 858, 866 (Ind. Court of Appeals of…
cited Cited as authority (rule) Robert J. Love v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Javier Antonio Zavala v. State of Indiana
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Ryan Michael Dudley v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). “[Deference to Court of Appeals of Indiana | Memorandum Decision 18A-CR-2482 | December 9, 2019 Page 20 of 24 trial courts] should prevail unless overcome by compelling evidence portraying in a positive light the nature of the offense (such as accompanied by restraint, regard, and lack of brutality) and the defendant’s character (such as substantial virtuous traits or persistent examples of good character).” Stephenson v. State, 29 N.E.3d 111, 122 (Ind. 2015). [46] The nature of the offense analyzes the defendant’s action in compari…
discussed Cited as authority (rule) David L. Tavernier v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
In conducting our review, we may consider “all aspects of the penal consequences imposed by the trial court in sentencing, i.e., whether it consists of executed time, probation, suspension, home detention, or placement in community corrections, and whether the sentences run concurrently or consecutively.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Keenan Thurman v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Rodney Evans v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Kevin T. Jones v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Wilmer Francisco Figueroa-Estrada v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Ronald W. Ramsey v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
In conducting our review, we may consider “all aspects of the penal consequences imposed by the trial court in sentencing, i.e., whether it consists of executed time, probation, suspension, home detention, or placement in community corrections, and whether the sentences run concurrently or consecutively.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Toni McClellan v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [8] The nature of the offense involves the details and circumstances of the crime and the defendant’s participation.
cited Cited as authority (rule) David Dimmett v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Kyla Taylor v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [7] Although Taylor received a 365-day sentence, 363 days were suspended, and she spent a single day in jail.
discussed Cited as authority (rule) Jaylen N. Thomas v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
And in considering the appropriateness of a sentence, we consider “all aspects of the penal consequences imposed by the trial judge in sentencing,” including “whether a portion of the sentence is ordered suspended.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Jeffrey Henderson v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Francisco Gallardo-Cortes v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Jared L. Haynes v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Timothy W. Bowman v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Aaron Boggs v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [22] A defendant bears the burden of persuading this Court that his or her sentence meets the inappropriateness standard.
cited Cited as authority (rule) Chaz Colin Kruger v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) David Ashby v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Zion Smith v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Marcel Cornilus Lane v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
These “penal tools”—which include suspension of all or a portion of the sentence, probation, executed time in a Department of Correction facility, and placement in a community corrections program—“form an integral part of the actual aggregate penalty faced by a defendant and are thus properly considered as part of the sentence subject to appellate review and revision.” Id. (citing Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010)). [10] When determining whether a sentence is inappropriate, we acknowledge that the advisory sentence “is the starting point the Legislature has sel…
cited Cited as authority (rule) Ashley N. Sexton v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Marquel Wattley v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Whether we regard a sentence as inappropriate at the end of the day turns on “our sense of the culpability of the defendant, the severity of the crime, the damage done to others, and myriad other facts that come to light in a given case.” Cardwell, 895 N.E.2d at 1224 . [21] We consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2…
discussed Cited as authority (rule) Christopher L. Figgs v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Whether we regard a sentence as inappropriate at the end of the day turns on “our sense of the culpability of the defendant, the severity of the crime, the damage done to others, and myriad other facts that come to light in a given case.” Id. at 1224 . [33] We consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Ashley N. Guffey v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Court of Appeals of Indiana | Memorandum Decision 18A-CR-531 | September 28, 2018 Page 11 of 14 [20] We consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Michael Eugene Ritter v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Maurice Webster v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Whether we regard a sentence as inappropriate at the end of the day turns on “our sense of the culpability of the defendant, the severity of the crime, the damage done to others, and myriad other facts that come to light in a given case.” Id. at 1224 . [12] We consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Conor P. Scott v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
discussed Cited as authority (rule) Derek Snapp v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Appellate courts may consider the appropriateness of the aggregate length of the sentence in addition to considering whether a portion of the sentence is ordered suspended, executed, “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Paul E. Reese Jr. v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010). [11] The advisory sentence for a Level 6 felony is one year, with a sentencing range of six months and two and one-half years.
discussed Cited as authority (rule) Andrea K. Brown v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Court of Appeals of Indiana | Memorandum Decision 18A-CR-31 | June 13, 2018 Page 4 of 6 [8] We consider all aspects of the penal consequences imposed by the trial court in sentencing the defendant, including whether a portion of the sentence is ordered suspended “or otherwise crafted using any of the variety of sentencing tools available to the trial judge.” Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
cited Cited as authority (rule) Brandon D. Mettler v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
Davidson v. State, 926 N.E.2d 1023, 1025 (Ind. 2010).
Retrieving the full opinion text from the archive…
Desmond DAVIDSON, Appellant (Defendant Below),
v.
STATE of Indiana, Appellee (Plaintiff Below)
49S02-1001-CR-41.
Indiana Supreme Court.
May 25, 2010.
926 N.E.2d 1023
Joel M. Schumm, Ruth Ann Johnson, Marion County Public Defender, Indianapolis, IN, Attorneys for Appellant., Gregory F. Zoeller, Attorney General of Indiana, Gary Damon Secrest, Wade James Hornbacher, James Edward Porter II, Deputy Attorney Generals, Indianapolis, IN, Attorneys for Appellee.
Dickson, Shepard, Sullivan, Boehm, Rucker.
Cited by 301 opinions  |  Published
DICKSON, Justice.

Contrasting opinions of the Court of Appeals have disagreed about the manner and extent of consideration to be given to the suspended portion of a sentence upon appellate review. To resolve this conflict, we granted transfer and hold that appellate review under Indiana Appellate Rule 7 may include consideration of the totality of the penal consequences found in a trial court's sentence.

The defendant was convicted of Auto Theft, a class D felony, and Resisting Law Enforcement, a class A misdemeanor. For these convictions, he received an aggregate sentence of 545 days, the advisory sentence for a class D felony, with 180 days executed and 365 days suspended to probation. The defendant appealed, presenting only a claim for appellate review and revision of the sentence under Indiana Appellate Rule 7(B) and asserting that the total sentence of 545 days was inappropriate. The Court of Appeals affirmed. Davidson v. State, 916 N.E.2d 954 (Ind.Ct.App.2009).

The Court of Appeals panel, however, was not in full agreement regarding whether "to review his partially-suspended advisory sentence the same as if it were a fully-executed advisory sentence." Id. at 958. The majority opinion, authored by Judge Najam, favored consideration of the fact that a portion of the sentence was suspended, agrecing with Judge Bradford's majority opinion for a unanimous panel in Jenkins v. State, 909 N.E.2d 1080, 1084-86 (Ind.Ct.App.2009), trans. denied, which adopted Judge Kirsch's dissenting view in Eaton v. State, 825 N.E.2d 1287, 1291 (Ind.Ct.App.2005), trans. not sought. Accord Beck v. State, 790 N.E.2d 520, 522-23 (Ind.Ct.App.2003), trans. not sought. Judge Barnes wrote a separate concurring-in-result opinion in the present case, urging that the reviewing court should consider only the defendant's full 545-day sentence "without regard for the fact that a majority of that sentence was suspended to probation." Davidson, 916 N.E.2d at 962. This view was also favored in Eaton, 825 N.E.2d at 1290-91 (declining to consider the fact that part of the sentence was suspended); Pagan v. State, 809 N.E.2d 915, 926 n. 9 (Ind.Ct.App.2004), trans. denied (including both the executed and the suspended portions of the sentence when[*1025] determining whether the defendant received a maximum sentence); and Cox v. State, 792 N.E.2d 898, 904 n. 6 (Ind.Ct.App.2008), trans. denied (finding the maximum sentence was imposed despite the fact that part of the sentence was suspended). In the present case, the defendant's sole claim on transfer is that, upon review under Appellate Rule 7(B), the reviewing court should evaluate only the full, aggregate sentence without considering whether all or any portion of it was suspended.

The Indiana Constitution expressly provides an appellate power to "review and revise the sentence imposed." Ind. Const. art. 7, § 4. Pursuant to this provision, Indiana Appellate Rule 7 authorizes a criminal defendant to appeal a sentence and states that the reviewing court "may revise a sentence authorized by statute if, after due consideration of the trial court's decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender." App. R. 7(B). The defendant urges that in exercising this power, only his aggregate sentence of 545 days should be evaluated, without consideration of the fact that the sentencing judge ordered 365 days suspended to probation and only 180 days to be executed.

In determining the penal consequences for a convicted defendant, trial courts have a variety of options beyond that of determining the length of a sentence. In imposing a sentence, trial judges may order, for example, suspension of the sentence, [1] probation, [2] home detention, [3] placement in a community corrections program, [4] executed time in a Department of Correction facility, [5] or serving of sentences on multiple convictions concurrently rather than consecutively. [6] And the General Assembly provides for additional penalties that can be levied against a defendant such as restitution and fines. [7]

We decline to narrowly interpret the word "sentence" in Appellate Rule 7 to constrict appellate courts to consider only the appropriateness of the aggregate length of the sentence without considering also whether a portion of the sentence is ordered suspended or otherwise crafted using any of the variety of sentencing tools available to the trial judge. This does not preclude a reviewing court from determining a sentence to be inappropriate due to its overall sentence length despite the suspension of a substantial portion thereof. A defendant on probation is subject to the revocation of probation and may be required to serve up to the full original sentence.

Conclusion

Upon the review of sentence appropriateness under Appellate Rule 7, appellate courts may consider all aspects of the penal consequences imposed by the trial judge in sentencing the defendant. The Court of Appeals in this case was correct. We disapprove of the contrary views expressed in Eaton, 825 N.E.2d at 1290-91; Pagan, 809 N.E.2d at 926; and Cox, 792 N.E.2d at 904. The judgment of the trial court is affirmed.

SHEPARD, C.J., and SULLIVAN, BOEHM, and RUCKER, JJ., concur.
2

. LC. § 35-38-2. 2

3

. IC. § 35-38-2.5.

4

. LC. § 35-38-2.6.

5

. 1.C. § 35-38-3.

7

. T.C. § 35-50-5.