Narrative Opinion Summary
In this case, the appellant sought bail pending appeal following his conviction for assisting a criminal, classified as a Class C felony, and his status as a habitual offender. Under Indiana Code 85-83-9-1, the court has discretionary authority to grant bail unless the defendant is convicted of a Class A felony or a felony with a sentence that cannot be suspended. The appellant's petition for bail was denied by the trial court, leading to an appeal under Indiana Appellate Rule 6(B). The appellant argued that his habitual offender status should not affect his eligibility for bail. However, the court referenced the Indiana Supreme Court's decision in State v. Williams, which clarified that an enhanced sentence due to habitual offender status cannot be suspended, thereby rendering the appellant ineligible for bail. The court affirmed the discretionary nature of bail pending appeal and upheld the trial court's decision, with Judges Garrard and Staton concurring in the judgment.
Legal Issues Addressed
Bail Pending Appeal under Indiana Codesubscribe to see similar legal issues
Application: The statute allows discretionary authority to courts to grant bail pending appeal unless the defendant is convicted of a Class A felony or a felony with a non-suspendable sentence.
Reasoning: Under IND.CODE. 85-83-9-1 (1988 Ed.), defendants may seek bail pending appeal at the court's discretion unless they are convicted of a Class A felony or a felony for which the sentence cannot be suspended.
Discretionary Authority of Courts for Bailsubscribe to see similar legal issues
Application: The court's discretion to grant or deny bail was affirmed, indicating that bail may be denied even if the defendant is not convicted of a prohibited category felony.
Reasoning: The right to bail pending appeal is not constitutionally guaranteed but is subject to legislative provisions. The statute was amended in 1979 to grant discretionary authority to the court regarding bail.
Impact of Habitual Offender Status on Bail Eligibilitysubscribe to see similar legal issues
Application: An enhanced sentence due to habitual offender status does not qualify for suspension, thereby impacting eligibility for bail pending appeal.
Reasoning: Atkins' habitual offender status, while not listed under IND.CODE. 85-50-2-2 as non-suspendable, renders his enhanced sentence ineligible for suspension, as established by the Indiana Supreme Court in State v. Williams.