Hoak v. State, 011119 INSC, 19S-CR-17

Docket Nº:19S-CR-17
Opinion Judge:PER CURIAM
Party Name:Brittany Erin Hoak, Appellant (Defendant below), v. State of Indiana, Appellee (Plaintiff below).
Attorney:ATTORNEY FOR APPELLANT A. David Hutson Hutson Legal Jeffersonville, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Angela N. Sanchez Deputy Attorney General Indianapolis, Indiana
Judge Panel:Rush, C.J., and David and Goff, JJ., concur. Massa and Slaughter, JJ., dissent, believing that transfer should be denied.
Case Date:January 11, 2019
Court:Supreme Court of Indiana
 
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Brittany Erin Hoak, Appellant (Defendant below),

v.

State of Indiana, Appellee (Plaintiff below).

No. 19S-CR-17

Supreme Court of Indiana

January 11, 2019

Appeal from the Clark Circuit Court, Nos. 10C02-1403-FA-26, 10C02-1711-F5-300 The Honorable Bradley B. Jacobs, Judge

On Petition to Transfer from the Indiana Court of Appeals, No. 18A-CR-1094

ATTORNEY FOR APPELLANT A. David Hutson Hutson Legal Jeffersonville, Indiana

ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Angela N. Sanchez Deputy Attorney General Indianapolis, Indiana

OPINION

PER CURIAM

In August 2014, Brittany Hoak pleaded guilty to Class B felony possession of methamphetamine in case no. 10C02-1403-FA-26 (FA-26). She was sentenced to 10 years imprisonment, four of which were suspended to probation. She began her term of probation in May 2017.

Six months later, Hoak was charged with Level 5 felony possession of methamphetamine, Level 6 felony possession of methamphetamine, and Class C misdemeanor possession of paraphernalia in case no. 10C02-1711-F5-300 (F5-300). The State soon filed a petition to revoke Hoak's probation.

Hoak pleaded guilty to the Level 5 felony in F5-300 and admitted to violating her probation in FA-26. The trial court revoked Hoak's probation and imposed her remaining suspended sentence of 294 days in FA-26; it also sentenced her to three years of incarceration in F5-300.

In a consolidated appeal, the Court of Appeals affirmed. Hoak v. State, No. 18A-CR-1094, 2018 WL 4782276 (table) (Ind.Ct.App. Oct. 4, 2018). The Court of Appeals noted that despite Hoak's multiple drug-related contacts with the criminal justice system over many years, "she has yet to receive court-ordered substance abuse treatment." Id. at *1. But ultimately it denied her request for sentence revision under Indiana Appellate Rule...

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