Ind. Code » Title 35
Indiana Code

Ind. Code § 35-50-1-1 (2026)

Authority to sentence

✓ current as of May 2026
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     Sec. 1. The court shall fix the penalty of and sentence a person convicted of an offense.

As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977, P.L.340, SEC.110.

 

Notes of Decisions
Cited in 32 cases, 1979–2020 · leading case: Lemmon v. Harris, 949 N.E.2d 803 (Ind. 2011).
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Lemmon v. Harris, 949 N.E.2d 803 (Ind. 2011). · cites it 4× “2d 946, 949 (1979), the Judiciary possesses the authority to "fix the penalty of and sentence a person convicted of an offense," Ind.Code § 35-50-1-1 (2008). It is well-settled under the doctrine of separation of powers that the Legislature cannot interfere with the discharge of…”
Bleeke v. Lemmon, 6 N.E.3d 907 (Ind. 2014). · cites it 4× “A felon serving a sentence which was imposed under Ind. Code § 35-50-1-1 et seq. is released on parole .”
Horne v. State, 572 N.E.2d 1333 (Ind. Ct. App. 1991). · cites it 10× “In support of his argument, Horne relies on Ind. Code § 35-50-1-1 which dictates "The court shall fix the penalty of and sentence a person convicted of an offense," and Ind.”
Payne v. State, 777 N.E.2d 63 (Ind. Ct. App. 2002). · cites it 8× “[6] Indiana Code *68 Section 35-50-1-1 states, "[t]he court shall fix the penalty of and sentence a person convicted of an offense.”
Boyd v. Broglin, 519 N.E.2d 541 (Ind. 1988). · cites it 8× “A felon serving a sentence which was imposed under Ind.Code § 35-50-1-1 et seq. is released on parole, or to the sentencing court if the sentence includes a period of proba *543 tion, after service of his fixed term less the credit time earned with respect to that term.”
Sills v. State, 463 N.E.2d 228 (Ind. 1984). · cites it 4× “Ind. Code § 35-50-1-1 (Burns 1979 Repl.).”
Pinkston v. State, 836 N.E.2d 453 (Ind. Ct. App. 2005). · cites it 4× “Additionally, Indiana Code section 35-50-1-1 provides that the trial court "shall fix the penalty of and sentence a person convicted of an offense.”
Rodriguez v. State, 785 N.E.2d 1169 (Ind. Ct. App. 2003). · cites it 2× “Sentencing Statute In the wake of the Report of the Judicial Study Commission in 1966, appellate review of sentences was not the only change in the penal system.”
Schiro v. State, 451 N.E.2d 1047 (Ind. 1983). · cites it 2× “Ind. Code § 35-50-1-1 (Burns Repl. 1979) abolished the jury's role in determining or setting a sentence.”
Collins v. State, 415 N.E.2d 46 (Ind. 1981). · cites it 2× “He first asserts that Ind. Code § 35-50-1-1 (Burns 1979 Repl.), which provides that the court shall fix the penalty and sentence a convicted person, violates his right to a jury trial as guaranteed by article I, § 13 of the Indiana Constitution and the sixth amendment to the U.”
Rogers v. State, 396 N.E.2d 348 (Ind. 1979). · cites it 2× “Ind.Code § 35-50-1-1 and § 35-4.1-4 — 3 (1978), violate defendant’s right to a *352 trial by jury provided in the Sixth Amendment to the United States Constitution and Art.”
Debose v. State, 389 N.E.2d 272 (Ind. 1979). · cites it 2× “Ind.Code § 35-50-1-1 (1978) states that “[t]he court shall fix the penalty of and sentence a person convicted of an offense.”
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Ind. Code § 35-50-1-1(e): 1 case
Ragina C. Stittums v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.