Hoffa v. State
| Decision Date | 26 October 1977 |
| Docket Number | No. 1077S766,1077S766 |
| Citation | 267 Ind. 133,368 N.E.2d 250 |
| Parties | Daniel G. HOFFA, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
| Court | Indiana Supreme Court |
Robert L. Bauman, John R. Gambs, Heide, Gambs & Mucker, Lafayette, for appellant.
Theodore L. Sendak, Atty. Gen., David L. Steiner, Deputy Atty. Gen., Indianapolis, for appellee.
OPINION ON PETITION TO TRANSFER
The defendant, Daniel G. Hoffa, was sentenced upon a plea of guilty to a robbery charge. The trial judge suspended his sentence and placed him on probation for a period of three (3) years subject to certain conditions contained in a formal probation agreement. Six (6) months later, Hoffa was arrested and charged with two (2) counts of unlawful dealing in a controlled substance. On March 31, 1976, the trial court conducted a probation revocation hearing, after which the trial court revoked Hoffa's probation. The Court of Appeals reversed, holding that an adjudication of guilt is a prerequisite to revocation. Hoffa v. State, (1977) Ind.App., 358 N.E.2d 753, following our case of State ex rel. Gash v. Morgan Superior Court, (1972) 258 Ind. 485, 283 N.E.2d 349. The state has petitioned to transfer.
The trial court's power to suspend a sentence and place a person on probation is governed by Ind.Code § 35-7-1-1 (Burns 1975):
". . . whenever such court, in the exercise of its judgment and discretion, shall find and determine that such person has committed the offense for which he or she has been convicted under such circumstances as that, in the judgment of such court, such person should not suffer the penalty imposed by the law for such offense if he or she shall thereafter behave well, or whenever such court shall find and determine that by reason of the character of such person, or the facts and circumstances of such case, the interest of society does not demand or require that such person shall suffer the penalty imposed by law if he or she shall thereafter behave well. . . ."
The trial court is also given a broad discretionary authority to impose reasonable conditions on a defendant's probation. "The court placing a defendant on probation shall impose such conditions as it may deem best." Ind.Code § 35-7-2-1 (Burns 1975). Termination of probation is governed by Ind.Code § 35-7-2-2 (Burns 1975) which states in part:
1. When the defendant has violated the terms of his probation; or
2. When the defendant has been found guilty of committing another offense.
"Good behavior" or lawful conduct is a "term" or condition of a defendant's probation and violation of this term may result in the revocation of probation. It is not necessary that a criminal conviction precede revocation of probation for unlawful conduct; it is only necessary that the trial judge, after a hearing, finds such unlawful conduct to have occurred. If a conviction has preceded the revocation hearing, that conviction is prima facie evidence and will alone support the revocation of probation. To the extent that Gash and subsequent cases may be interpreted to the contrary, they are, to that extent, modified or overruled.
The state seeks to support the revocation because of a violation of the condition against arrest. An arrest standing alone does not support the revocation of a defendant's probation. However, in this case, the trial court on the basis of evidence submitted at a probation revocation hearing found that the arrest was reasonable and further found that there was probable cause for belief that the defendant had violated the criminal law of this state governing controlled substances, a clear...
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...v. Roberson, 165 Conn. 73, 327 A.2d 556 (1973); People v. Davis, 65 Ill.2d 157, 2 Ill.Dec. 572, 357 N.E.2d 792 (1976); Hoffa v. State, 267 Ind. 133, 368 N.E.2d 250 (1977); State v. Woods, 215 Kan. 295, 524 P.2d 221 (1974); Hutchinson v. State, 44 Md.App. 182, 407 A.2d 359 (1979); State v. Z......
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...of his punishment and probation. Ewing v. State (1974), 160 Ind.App. 138, 310 N.E.2d 571, overruled on other grounds, Hoffa v. State (1977), 267 Ind. 133, 368 N.E.2d 250; Barnhart v. State (1973), 158 Ind.App. 636, 304 N.E.2d 316; IC 35-7-1-1 (1976) (amended 1976 and 1977). 7 See also Rex v......
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