Hutchison v. State
Decision Date | 10 August 2017 |
Docket Number | Court of Appeals Case No. 48A02-1702-CR-340. |
Citation | 82 N.E.3d 305 |
Parties | Derek HUTCHISON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
Court | Indiana Appellate Court |
Attorney for Appellant : Anthony C. Lawrence, Anderson, Indiana
Attorneys for Appellee : Curtis T. Hill, Jr., Attorney General of Indiana, George P. Sherman, Deputy Attorney General, Indianapolis, Indiana
[1] In 2006, Appellant-Respondent Derek Hutchison pled guilty but mentally ill to Class B felony rape. In exchange for Hutchison's guilty plea, Appellee-Petitioner the State of Indiana ("the State") agreed to dismiss other pending charges. The trial court accepted Hutchison's guilty plea and sentenced him to a term of twenty years, with fifteen years executed in the Department of Correction ("DOC") and five years suspended to probation.
[2] On November 4, 2016, the State filed a petition alleging that Hutchison had violated the terms of his probation by committing several new criminal offenses, including unlawful entry by a serious sex offender. An evidentiary hearing was conducted on January 10, 2017, at which Hutchison was represented by an attorney. At the conclusion of the hearing, the trial court found that Hutchison had violated the terms of his probation. Thereafter, the trial court revoked Hutchison's probation and ordered him to serve the entire five-year, previously-suspended sentence. Neither Hutchison, who claims to suffer from mental illness, nor his attorney requested a competency hearing at any time before or during the evidentiary hearing.
[3] On appeal, Hutchison contends that the trial court committed fundamental error by failing to conduct a competency hearing before revoking his probation. Concluding otherwise, we affirm.
[4] Our memorandum decision in Hutchinson's prior direct appeal, which was handed down on November 16, 2007, instructs us to the underlying facts and procedural history which have led to the instant probation revocation proceeding:
Hutchison v. State , 48A02-1611-CR-1059, *1-2, 876 N.E.2d 812 (Ind. Ct. App. Nov. 16, 2007) (footnote omitted). Hutchinson's sentence was affirmed on direct appeal. Id . at *4. In affirming Hutchinson's sentence, we noted the following about his mental state:
Id . at *3. Hutchison was released from incarceration and placed on probation on or about October 21, 2016.
[5] On November 4, 2016, the State filed a petition alleging that Hutchison had violated the terms of his probation by committing several new criminal offenses, including unlawful entry by a serious sex offender. An evidentiary hearing was conducted on January 10, 2017, at which Hutchison was represented by an attorney. It is of note that neither Hutchison nor his attorney requested a competency hearing at any time before or during the evidentiary hearing.
[6] During the evidentiary hearing, the State presented evidence indicating that on November 1, 2016, Elwood Police Officer Sherry Wright was working as a school resource officer at Elwood Junior-Senior High School when she encountered Hutchison. Hutchison came into the school office during school hours, identified himself as Mitchel Cruz, and indicated that he had come to speak with a student, M.R. When asked how he had gotten into the school, Hutchison indicated that "another student had let him in." Tr. Vol. II, p. 33. Hutchison left the school after Officer Wright advised him that the school officials "didn't pull kids out of a classroom just to come down and speak with other people in the office." Tr. Vol. II, p. 33.
[7] The next morning, Elwood Police Officer Andy McGuire was on patrol at the school when he observed Hutchison riding a bicycle between an elementary school and the junior-senior high school. About this same time, M.R.'s mother approached Officer McGuire and expressed concern that Hutchison had attempted to pick her daughter up from school the day before.
[8] After speaking with M.R.'s mother, Officer McGuire approached Hutchison. Hutchison identified himself as Mitchell Cruz and told Officer McGuire that "he wanted to apologize to [M.R.'s mother] because for the confusion as what, as he put it for trying to pick her daughter up the day prior." Tr. Vol. II, p. 15. Hutchison gave Officer McGuire what he claimed was his parents' phone number. He told Officer McGuire that he lived with his parents at a residence located on South 25th Street. Hutchison also told Officer McGuire that "he had graduated early and that he was just confused and didn't really know where he was and he was trying to find his way home." Tr. Vol. II, p. 15. Officer McGuire pointed Hutchison in the direction of South 25th Street.
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