Riley Cole Townsend, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

Court of Appeals of Indiana.

Riley Cole Townsend, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff

Court of Appeals Case No. 26A-CR-771

Decided: August 18, 2026

Judges Altice and Foley concur.

Attorney for Appellant, Cara Schaefer Wieneke, Wieneke Law Office, Brooklyn, Indiana Attorneys for Appellee, Theodore E. Rokita, Attorney General, Steven J. Hosler, Deputy Attorney General, Indianapolis, Indiana

MEMORANDUM DECISION

[1] After Riley Cole Townsend pled guilty to Level 6 felony unlawful possession of a legend drug, the trial court sentenced him to a suspended term of two-and-a-half years and three years on probation. On appeal, Townsend argues that his sentence is illegal because the three-year probation term exceeds the maximum sentence for a Level 6 felony, which is two-and-a-half years. See Ind. Code § 35-50-2-7(b); D.S. v. State, 621 N.E.2d 325, 326 n.2 (Ind. 1993) (explaining that except as expressly authorized by statute for misdemeanors, the “legislature understood the term of probation to be limited to the maximum allowable sentence in both felonies and misdemeanors”). The State agrees, and so do we. We therefore reverse Townsend's sentence and remand to the trial court for resentencing.

[2] Reversed and remanded.

Vaidik, Judge.

Altice, J., and Foley, J., concur.

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