Richard E. Steinbronn, Thornburg, McGill, Deahl, Harman, Carey Murray, of South Bend, William J. Nye, Myers Nye, of Elkhart, for respondents. REPORTER'S NOTE: The following is a contempt proceeding arising from Palmer v. State, (1981) 275 Ind. 124, 415 N.E.2d 707, the text of which immediately precedes this opinion. PIVARNIK, J.
This is no more constitutionally suspect than any other mandatory sentence, and this Court has clearly enunciated the constitutionality of mandatory, i.e., nonsuspendable, sentences. State v. Palmer (1979), 270 Ind. 493, 496-97, 386 N.E.2d 946, 949-50, after remand, (1981), 275 Ind. 124, 415 N.E.2d 707, reh'g denied. The trial court exercised most of its discretion in favor of appellant and gave him one of the most lenient sentences authorized by law, e.g., the license suspension was for the minimum period permitted by the statute.
The trial court could not do otherwise. Palmer v. State (1981), Ind. 415 N.E.2d 707. Ind. Code ยง 35-50-1-2 (Supp.