Indiana Code
Ind. Code § 35-38-3-2 (2026)
Certification of judgment of conviction and sentence to receiving authority; contents of judgment; commencement of term of imprisonment
✓ current as of May 2026
Sec. 2. (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court or through any electronic means approved by the department of correction, copies of the judgment of conviction and sentence to the receiving authority.
(b) The judgment must include:
(1) the crime for which the convicted person is adjudged guilty and the classification of the criminal offense;
(2) the period, if any, for which the person is rendered incapable of holding any office of trust or profit;
(3) the amount of the fines or costs (including fees) assessed, if any, whether or not the convicted person is indigent, and the method by which the fines or costs (including fees) are to be satisfied;
(4) the amount of credit time earned for time spent in confinement before sentencing, including time on pretrial home detention; and
(5) the amount to be credited toward payment of the fines or costs (including fees) for time spent in confinement before sentencing.
(c) The judgment may specify the degree of security recommended by the court.
(d) A term of imprisonment begins on the date sentence is imposed, unless execution of the sentence is stayed according to law.
As added by P.L.311-1983, SEC.3. Amended by P.L.119-2008, SEC.17; P.L.106-2010, SEC.12; P.L.74-2015, SEC.24; P.L.37-2023, SEC.1.
Notes of Decisions
Cited in 52
cases (4 in the last 5 years), 1992–2026 · leading case: Crow v. State, 797 N.E.2d 319 (Ind. Ct. App. 2003).
Crow v. State, 797 N.E.2d 319 (Ind. Ct. App. 2003). “Crow also directs us to Indiana Code Section 35-38-3-2, which governs the contents of a trial court's judgment following conviction, and provides in relevant part: (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal…”
Robinson v. State, 805 N.E.2d 783 (Ind. 2004). “As noted above, Indiana Code § 35-38-3-2 requires the trial court's judgment to include "the amount of credit, including credit time earned, for time spent in confinement before sentencing.”
McElroy v. State, 865 N.E.2d 584 (Ind. 2007). “More specifically, Indiana Code section 35-38-3-2 requires the trial court to prepare and certify a written judgment of conviction and sentence including the following information: “(1) the crime for which the convicted person is adjudged guilty and the classification of the…”
Neff v. State, 888 N.E.2d 1249 (Ind. 2008). “We would prefer that all trial courts issue judgments of conviction in compliance with I.C. § 35-38-3-2. However, we recognize that this has not historically occurred in Marion County, which has a very high volume of criminal cases.”
Buchanan v. State, 956 N.E.2d 124 (Ind. Ct. App. 2011). “Initially, regarding Buchanan’s challenge to the court’s credit time award, we must recognize that Ind.Code § 35-38-3-2 requires a trial court’s sentencing judgment to include “the amount of credit, including credit time earned, for time spent in confinement before sentencing.”
McAllister v. State, 913 N.E.2d 778 (Ind. Ct. App. 2009). “" Ind. Code § 35-38-3-2 (a). The trial court's sentencing order "must include," among other things, "the amount of eredit, including credit time earned, for time spent in confinement before sentencing.”
Paul D. Woodcox v. State of Indiana, 30 N.E.3d 748 (Ind. Ct. App. 2015). “See I.C. § 35-38-3-2 (requiring a judgment to identify, in part, the crime for which the offender “is adjudged guilty”; the classification of the offense, and the amount of credit time earned).”
Robinson v. State, 799 N.E.2d 1202 (Ind. Ct. App. 2003). “[3] We further acknowledged that Indiana Code section 35-38-3-2 requires that a trial court certify the judgment of conviction to the receiving authority and provides for the content of that certification.”
Groves v. State, 823 N.E.2d 1229 (Ind. Ct. App. 2005). “Ind.Code § 35-38-3-2 requires a trial court to separately include the credit for time served prior to sentencing in its judgment of conviction.”
Carter v. State, 750 N.E.2d 778 (Ind. 2001). “See also Ind.Code Ann. § 35-38-3-2(a) (West 2000)("When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court, copies of the judgment of conviction and sentence to the receiving authority.”
Brown v. State, 957 N.E.2d 666 (Ind. Ct. App. 2011). “Thus, we remand with instructions that the trial court enter an order that complies with Indiana Code section 35-38-3-2(b)(4) showing credit for both periods of pre-sentencing confinement.”
Reaves v. State, 586 N.E.2d 847 (Ind. 1992). “" Appellant argues the sentencing order, by merely making reference to the one sentence in Ohio, thus was overly vague as to the date service of the instant sentence was to commence, in violation of Ind.Code § 35-38-3-2(d), which states "[a] term of imprisonment begins on the…”
Ind. Code § 35-38-3-2(a): 6 cases
Robinson v. State, 805 N.E.2d 783 (Ind. 2004). “As noted above, Indiana Code § 35-38-3-2 requires the trial court's judgment to include "the amount of credit, including credit time earned, for time spent in confinement before sentencing.”
Neff v. State, 888 N.E.2d 1249 (Ind. 2008). “We would prefer that all trial courts issue judgments of conviction in compliance with I.C. § 35-38-3-2. However, we recognize that this has not historically occurred in Marion County, which has a very high volume of criminal cases.”
Carter v. State, 750 N.E.2d 778 (Ind. 2001). “See also Ind.Code Ann. § 35-38-3-2(a) (West 2000)("When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal of the court, copies of the judgment of conviction and sentence to the receiving authority.”
In Re Kouros, 816 N.E.2d 21 (Ind. 2004).
Laycock v. State, 805 N.E.2d 796 (Ind. 2004).
Ind. Code § 35-38-3-2(b): 7 cases
Groves v. State, 823 N.E.2d 1229 (Ind. Ct. App. 2005). “Ind.Code § 35-38-3-2 requires a trial court to separately include the credit for time served prior to sentencing in its judgment of conviction.”
Crow v. State, 797 N.E.2d 319 (Ind. Ct. App. 2003). “Crow also directs us to Indiana Code Section 35-38-3-2, which governs the contents of a trial court's judgment following conviction, and provides in relevant part: (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal…”
Tajuanda Berry v. State of Indiana, 23 N.E.3d 854 (Ind. Ct. App. 2015).
Aaron Renzy Gordy v. State of Indiana (Ind. Ct. App. 2026).
Robert W. Adams v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016).
Ind. Code § 35-38-3-2(b)(1): 1 case
Daniel E. Baker v. State of Indiana (Ind. Ct. App. 2025).
Ind. Code § 35-38-3-2(b)(3): 1 case
Tim L. Godby v. State of Indiana, 976 N.E.2d 1235 (Ind. Ct. App. 2012).
Ind. Code § 35-38-3-2(b)(4): 14 cases
Crow v. State, 797 N.E.2d 319 (Ind. Ct. App. 2003). “Crow also directs us to Indiana Code Section 35-38-3-2, which governs the contents of a trial court's judgment following conviction, and provides in relevant part: (a) When a convicted person is sentenced to imprisonment, the court shall, without delay, certify, under the seal…”
Brown v. State, 957 N.E.2d 666 (Ind. Ct. App. 2011). “Thus, we remand with instructions that the trial court enter an order that complies with Indiana Code section 35-38-3-2(b)(4) showing credit for both periods of pre-sentencing confinement.”
Robinson v. State, 799 N.E.2d 1202 (Ind. Ct. App. 2003). “[3] We further acknowledged that Indiana Code section 35-38-3-2 requires that a trial court certify the judgment of conviction to the receiving authority and provides for the content of that certification.”
Hatchett v. State, 794 N.E.2d 544 (Ind. Ct. App. 2003).
McAllister v. State, 913 N.E.2d 778 (Ind. Ct. App. 2009). “" Ind. Code § 35-38-3-2 (a). The trial court's sentencing order "must include," among other things, "the amount of eredit, including credit time earned, for time spent in confinement before sentencing.”
Ind. Code § 35-38-3-2(d): 5 cases
Reaves v. State, 586 N.E.2d 847 (Ind. 1992). “" Appellant argues the sentencing order, by merely making reference to the one sentence in Ohio, thus was overly vague as to the date service of the instant sentence was to commence, in violation of Ind.Code § 35-38-3-2(d), which states "[a] term of imprisonment begins on the…”
Charles A. Moon, Jr. v. State of Indiana, 110 N.E.3d 1156 (Ind. Ct. App. 2018).
Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000).
Buchanan v. State, 956 N.E.2d 124 (Ind. Ct. App. 2011). “Initially, regarding Buchanan’s challenge to the court’s credit time award, we must recognize that Ind.Code § 35-38-3-2 requires a trial court’s sentencing judgment to include “the amount of credit, including credit time earned, for time spent in confinement before sentencing.”
Charles Sweeney v. State of Indiana (mem. dec.) (Ind. Ct. App. 2015).
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