KONOPASEK v. STATE

No. 25S03-1012-CR-669.

946 N.E.2d 23 (2011)

Joshua KONOPASEK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 5, 2011.


Attorney(s) appearing for the Case

T. Andrew Perkins , Rochester, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Wade James Hornbacher , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


On Petition to Transfer from the Indiana Court of Appeals, No. 25A03-1003-CR-155

DAVID, Justice.

At a bench trial, the defendant made a relevance objection when the State elicited testimony on the length of the defendant's suspended sentence for a prior crime. We hold, under the facts of this case, that the length of the defendant's suspended sentence was both relevant and admissible. We also reaffirm the limitation on the judicial-temperance presumption,...

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