Public-domain · open source
OpenJurist

773 N.E.2d 300

Denney v. State

Indiana Court of Appeals

Decided August 13, 2002

Indiana Court of Appeals · decided 2002-08-13

Cited by 4 later decisions — most recently August 2018

4 state decisions

Relies on Moshenek v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 2002-08-13

View the full empirical analysis of this case →

SULLIVAN, Judge,

¶1concurring.

¶2At the outset I would note that Denney makes no claim under the provision enacted in 1999 for the currently allowable cred*303it of six months for completion of one or more substance abuse programs. The completion of the substance abuse program by Denney was in 1994.

¶3More importantly, however, as the author of this court’s opinion in Moshenek v. Anderson, 718 N.E.2d 811 (Ind.Ct.App.1999), I feel compelled to acknowledge that our opinion in that case was issued October 29, 1999, subsequent to the July 1, 1999 amendments to I.C. § 35-50-6-3.3 which placed the six month maximum upon the total credit allowable for completion of one or more vocational educational programs. Our opinion stated that “[i]f the legislature prefers to prohibit a person from receiving credit for multiple degrees of the same educational level, then it is free to do so by amending the statute.” Moshenek, 718 N.E.2d at 814. Inadvertently, however, we failed to acknowledge that the amendment was a fait accompli as of July 1,1999.

¶4With these observations, I fully concur in the majority opinion.

/773/ne2d/300 · .json · Public domain