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DAVIDSON v. STATE

No. 49S02-1001-CR-41.

926 N.E.2d 1023 (2010)

Desmond DAVIDSON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 25, 2010.

Attorney(s) appearing for the Case

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.

On Transfer from the Indiana Court of Appeals, No. 49A02-0904-CR-287

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...

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