Legal Research AI

Saintignon v. State

Court: Indiana Supreme Court
Date filed: 2001-06-27
Citations: 749 N.E.2d 1134
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8 Citing Cases


Attorney for Appellant

Alan K. Wilson
Muncie, IN



Attorneys for Appellee

Karen Freeman-Wilson
Attorney General of Indiana

Joseph A. Samreta
Deputy Attorney General
Indianapolis, IN



      IN THE
      INDIANA SUPREME COURT


DANNY SAINTIGNON,
      Appellant (Defendant below),

      v.

STATE OF INDIANA,
      Appellee (Plaintiff below).



)
)     Supreme Court No.
)     18S02-0106-CR-00308
)
)     Court of Appeals No.
)     18A02-0002-CR-00088
)
)
)



      APPEAL FROM THE DELAWARE SUPERIOR COURT
      The Honorable Richard A. Dailey, Judge
      Cause No. 18D02-9903-CF-24



                           ON PETITION TO TRANSFER



                                June 27, 2001
SULLIVAN, Justice.

      Defendant  Danny  Lee  Saintignon,  Jr.,  appeals  from  a  three-year
sentence imposed following  his  guilty  plea  for  Residential  Entry.   We
affirm the analysis of the Court of Appeals that the trial court  adequately
explained the reasons for imposing an enhanced sentence.  But we agree  with
Defendant that his juvenile record did not  prevent  the  trial  court  from
suspending a portion of the sentence in excess of the minimum.




                                 Background


      Defendant Danny Saintignon pled guilty to the  charge  of  Residential
Entry, a Class D felony,[1] on October 15, 1999.  The trial court  sentenced
Defendant to  a  three-year  term  of  imprisonment,  the  maximum  sentence
authorized by the Legislature for a Class D felony, on January 20, 2000.[2]

      Defendant appeals his sentence on two  grounds.   First,  he  contends
that the trial court failed to comply with the requirements for enhancing  a
presumptive sentence because it did not sufficiently explain  its  reasoning
for the enhancement.  The Court of Appeals rejected this contention  in  its
decision in this case.  Saintignon v. State, 734 N.E.2d  711,  714-16  (Ind.
Ct. App. 2000).  We summarily affirm the Court of Appeals  opinion  on  this
claim.  See Ind. Appellate Rule 11(B)(3).[3]
      Second, Defendant contends that the trial court incorrectly  concluded
that it had no authority to suspend any portion of the maximum sentence  for
Residential Entry because of Defendant’s extensive juvenile record.  (R.  at
48-49.)  The Court of Appeals agreed.  See Saintignon, 734  N.E.2d  at  716.
We grant transfer to address this issue.


                                 Discussion


      In this case, Defendant pled guilty in adult  criminal  court  to  the
felony of  Residential  Entry.   Defendant  had  previously  accumulated  an
extensive juvenile record.  When an adult who has a  prior  juvenile  record
is convicted of a crime, how does that  prior  juvenile  record  affect  the
trial court’s authority to suspend  the  sentence?   That  is  the  question
presented by this case.

      The Legislature has adopted a statute, Ind. Code  §  35-50-2-2,  which
permits trial court judges to suspend the sentences of adult offenders.   We
will refer to  this  statute  as  the  “General  Suspension  Statute.”   The
General Suspension Statute restricts a trial court’s authority to suspend  a
sentence when the offender has been convicted of certain specified  offenses
or has a prior adult criminal record of  a  specified  nature.   A  separate
statute, Ind. Code § 35-50-2-2.1, restricts a  trial  court’s  authority  to
suspend a sentence when the offender  has  a  prior  juvenile  record  of  a
specified nature.  We will refer to this statute  as  the  “Juvenile  Record
Suspension   Statute.”    This   case   requires   us   to   interpret   the
interrelationship of the General  Suspension  Statute  and  Juvenile  Record
Suspension Statute.

      We set forth the text of the General  Suspension  Statute[4]  and  the
Juvenile Record Suspension Statute[5] in the accompanying footnotes.  It  is
clear that these two statutes are closely related.  Not only do they  follow
each other in the Indiana Code (as noted, one is section  2  and  the  other
section 2.1 of the same chapter), but the General Suspension Statute  cross-
references the Juvenile Record Suspension Statute and  the  Juvenile  Record
Suspension Statute cross-references the General Suspension Statute twice.

      Our interpretation of these provisions  utilizes  two  rules  commonly
employed in construing statutes.  First, “[w]here statutes address the  same
subject, they are in pari materia,  and  we  harmonize  them  if  possible.”
United States Gypsum, Inc. v. Indiana Gas Co., 735  N.E.2d  790,  802  (Ind.
2000).  See also Smith v. State, 675 N.E.2d 693, 696 (Ind.  1996).   Second,
“[i]n construing a statute, effect should be given to every word and  clause
therein.”  Spangler vs. State, 607 N.E.2d 720, 723 (Ind.  1993).   See  also
In re Lawrance, 579 N.E.2d 32, 38 (Ind. 1991).

      Starting with the General  Suspension  Statute,  subsection  (a)  sets
forth the general rule that a court may suspend any  part  of  the  sentence
for a  felony,  subject  to  restrictions  imposed  by  either  the  General
Suspension  Statute  itself  or  the  Juvenile  Record  Suspension  Statute.
Subsection (b) of the General Suspension Statute sets forth  two  categories
of restrictions.[6]  The first, contained in subdivisions (1)-(3),  restrict
the court’s authority to suspend a sentence where the  person  has  a  prior
adult criminal record of a specified nature.  We will refer to  an  offender
who falls into this category as having a “disqualifying adult record.”   The
second category, contained in clause (4), restrict the court’s authority  to
suspend a sentence where  the  person  has  been  convicted  of  a  specific
(extremely serious) offense.  We will refer to an offender  who  falls  into
this category as having committed a “disqualifying adult offense.”

      It is extremely important to understand that the consequence of  being
an offender with a  disqualifying  adult  record  or  who  has  committed  a
disqualifying adult offense is that the court may suspend only that part  of
the sentence that is in excess of the minimum sentence.   Said  differently,
even when faced with a disqualifying adult record or a  disqualifying  adult
offense, the court may still suspend that part of the sentence  that  is  in
excess of the minimum sentence.

      Turning to the Juvenile Record Suspension Statute,  we  see  that  its
subsection (a) is very similar to the disqualifying adult record  provisions
of  subdivisions  (1)-(3)  of  subsection  (b)  of  the  General  Suspension
Statute.  It restricts the court’s authority to  suspend  a  sentence  where
the person has a prior juvenile record  of  a  specified  nature.   We  will
refer to a person in this  category  as  having  a  “disqualifying  juvenile
record.”

      The  opening  sentence  of  subsection  (a)  of  the  Juvenile  Record
Suspension Statute reads: “Except as provided in subsection (b)  or  section
2 of this chapter [the  General  Suspension  Statute],  the  court  may  not
suspend a sentence for a felony for a person with a  juvenile  record  when”
that person has a disqualifying  juvenile  record.   Ind.  Code  §  33-50-2-
2.1(a) (1998).  The trial court and the Court of Appeals believed that  this
language precludes  a  trial  court  from  suspending  any  portion  of  the
sentence of an adult offender convicted of a felony who has a  disqualifying
juvenile record.  Defendant argues, and we agree, that such  a  construction
fails to read the Juvenile Record Suspension Statute in  pari  materia  with
the General Suspension Statute and also fails to give effect  to  the  words
“[e]xcept as provided in ... section 2 of this chapter.”

      It seems to us highly unlikely that the Legislature would authorize  a
trial court to suspend that part of the sentence that is in  excess  of  the
minimum sentence for a person convicted of, for example,  Residential  Entry
who has a disqualifying adult record  but  prohibit  the  trial  court  from
suspending that part of the sentence  for  that  very  same  person  if  the
person had,  instead  of  a  disqualifying  adult  record,  a  disqualifying
juvenile  record  (like  Defendant  here).   We  think  this  is   why   the
Legislature  used  the  language  “Except  as  provided  in   [the   General
Suspension Statute]” to specify  that  a  trial  court  may  not  suspend  a
sentence for a person with a disqualifying juvenile  record  except  to  the
extent that such a sentence may be suspended under  the  General  Suspension
Statute.

      We believe that reading the General Suspension  Statute  and  Juvenile
Record Suspension Statute in pari materia and giving effect to the  language
in the Juvenile Record Suspension Statute, “[e]xcept  as  provided  in”  the
General Suspension Statute, indicate that the Legislature  intended  that  a
trial court’s authority to suspend a  sentence  in  excess  of  the  minimum
sentence applies to persons with disqualifying juvenile records in the  same
way as to persons with disqualifying adult records.

      Of course, a trial court is not required to  suspend  any  part  of  a
sentence even when authorized to do so.  It may very well be that  even  had
the trial court here understood that it had the authority to suspend a  part
of Defendant’s sentence that was in excess of  the  minimum,  it  would  not
have done  so  given  its  evaluation  of  the  aggravating  and  mitigating
circumstances.  However, this is not clear from the record.  To  the  extent
that Defendant still wishes, given the passage of time, a  determination  on
this issue, we remand this case to the trial court for this purpose.


                                 Conclusion


      We grant transfer, summarily  affirm  the  opinion  of  the  Court  of
Appeals to the extent described above, and remand this  case  to  the  trial
court for further proceedings, if requested by  Defendant,  consistent  with
this opinion.

SHEPARD, C.J., and BOEHM, and RUCKER, JJ., concur.
DICKSON, J., dissents without opinion.
-----------------------
      [1] Ind. Code § 35-43-2-1.5 (1998).

      [2] Ind. Code § 35-50-2-7 (1998) (“A person  who  commits  a  Class  D
felony shall be imprisoned for a fixed term of  one  and  one-half  (1  1/2)
years, with not  more  than  one  and  one-half  (1  1/2)  years  added  for
aggravating circumstances or not more than  one  (1)  years  subtracted  for
mitigating circumstances.”).


      [3] Now Ind. Appellate Rule 58(A)(2).

      [4] General Suspension Statute (Ind. Code § 35-50-2-2 (1998)):
            (a) The court may suspend any part of a sentence for  a  felony,
      except as provided in this section or in section 2.1 of this  chapter.


            (b) With respect to the crimes listed in  this  subsection,  the
      court may suspend only that part of the sentence that is in excess  of
      the minimum sentence:
            (1) The crime committed was a Class A or Class B felony and  the
      person has a prior unrelated felony conviction.
            (2) The crime committed was a Class C felony and less than seven
      (7) years have elapsed between the date the person was discharged from
      probation, imprisonment, or parole, whichever is later,  for  a  prior
      unrelated felony conviction and the  date  the  person  committed  the
      Class C felony for which the person is being sentenced.
            (3) The crime committed was a Class D felony and less than three
      (3) years have elapsed between the date the person was discharged from
      probation, imprisonment, or parole, whichever is later,  for  a  prior
      unrelated felony conviction and the  date  the  person  committed  the
      Class D felony for which the person is being sentenced.  However,  the
      court may suspend the minimum sentence for the crime only if the court
      orders home detention under IC 35-38-1-21 or IC 35-38-2.5-5 instead of
      the minimum sentence specified for the crime under this chapter.
            (4) The felony committed was: (A)  murder  (IC  35-42-1-1);  (B)
      battery (IC 35-42-2-1) with a deadly weapon; (C) sexual battery (IC 35-
      42-4-8) with a deadly  weapon;  (D)  kidnapping  (IC  35-42-3-2);  (E)
      confinement (IC 35-42-3-3) with a deadly weapon; (F) rape (IC 35-42-4-
      1) as a Class A felony; (G) criminal deviate conduct (IC 35-42-4-2) as
      a Class A felony; (H) child molesting (IC 35-42-4-3) as a Class  A  or
      Class B felony; (I) robbery (IC 35-42-5-1) resulting in serious bodily
      injury or with a deadly weapon; (J) arson (IC 35-43-1-1) for  hire  or
      resulting in  serious  bodily  injury;  (K)  burglary  (IC  35-43-2-1)
      resulting in serious bodily  injury  or  with  a  deadly  weapon;  (L)
      resisting law enforcement (IC 35-44-3-3) with  a  deadly  weapon;  (M)
      escape (IC 35-44-3-5) with a deadly weapon; (N) rioting (IC 35-45-1-2)
      with a deadly weapon; (O) dealing in cocaine or a narcotic drug (IC 35-
      48-4-1) as a Class A felony; (P) dealing in a schedule I, II,  or  III
      controlled substance  (IC  35-48-4-2)  if  the  amount  of  controlled
      substance involved has an aggregate weight of three (3) grams or more;
      (Q) an offense under IC 9-30-5 (operating a vehicle while intoxicated)
      and the person who committed the offense has accumulated at least  two
      (2) prior unrelated convictions under IC  9-30-5;  or  (R)  aggravated
      battery (IC 35-42-2-1.5).
            (c) Except as provided in subsection  (e),  whenever  the  court
      suspends a sentence for  a  felony,  it  shall  place  the  person  on
      probation ... for a fixed period to end not later than the  date  that
      the maximum sentence that may be imposed for the felony will expire.
            (d) The minimum sentence for a  person  convicted  of  voluntary
      manslaughter may not be  suspended  unless  the  court  finds  at  the
      sentencing hearing that the crime was not  committed  by  means  of  a
      deadly weapon.
            (e) Whenever the court suspends that part of an  offender’s  (as
      defined in Indiana code 5-2-12-4) sentence that is  suspendible  under
      subsection (b), the court shall place the offender  on  probation  ...
      for not more than 10 years.
            (f) An additional term of imprisonment imposed under IC 35-50-2-
      11 may not be suspended.
            (g) A term of imprisonment imposed under IC 35-47-10-6 or IC 35-
      47-10-7 may not be suspended if the  commission  of  the  offense  was
      knowing or intentional.

[5] Juvenile Record Suspension Statute (Ind. Code § 35-50-2-2.1 (1998)):
            (a) Except as provided in subsection (b) or section  2  of  this
      chapter, the court may not suspend a  sentence  for  a  felony  for  a
      person with a juvenile record when:
            (1) the juvenile record  includes  findings  that  the  juvenile
      acts, if committed by an adult would constitute:
                  (A) one (1) Class A or Class B felony;
                  (B) two (2) Class C or Class D felonies;  or
                  (C) one (1) Class C and one (1) Class D felony;  and
            (2) less than three (3) years have elapsed between commission of
      the juvenile acts that would be felonies if committed by an adult  and
      the commission of the felony for which the person is being  sentenced.


            (b) Notwithstanding subsection (a), the court  may  suspend  any
      part of the sentence for a felony, except as provided in section 2  of
      this chapter, if it finds that:
                  (1) the crime was the result of circumstances unlikely  to
      recur;
                  (2) the victim of the crime  induced  or  facilitated  the
      offense;
                  (3) there are substantial grounds  tending  to  excuse  or
      justify the crime, though failing to establish a defense;  or
                  (4) the acts in the juvenile record would not be  Class  A
      or Class B felonies if committed by an adult, and the convicted person
      is to undergo home  detention  under  IC  35-38-1-21  instead  of  the
      minimum sentence specified for the crime under this chapter.


      [6] Subsections (c) through (g)  contain  additional  restrictions  on
the authority of the trial court to suspend sentences.   General  Suspension
Statute, Ind. Code § 35-50-2-2  (c)  through  (g).   For  purposes  of  this
discussion, it is not necessary to consider  them  in  detail.   But  it  is
important to recognize that they may be applicable when  a  trial  court  is
considering suspending a sentence, including the sentence of a  person  with
a juvenile record.