Jones v. State, 101421 INCA, 21A-CR-733

• Judge: Najam, J. and Brown, J. concur
• Court: Indiana Appellate Court
• Docket Number: 21A-CR-733
• Parties: Evan J. Jones, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
• Date: 14 October 2021

Evan J. Jones, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 21A-CR-733

Court of Appeals of Indiana

October 14, 2021

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Vermillion Circuit Court The Honorable Robert M. Hall, Special Judge Trial Court Cause No. 83C01-1803-F6-31

Attorney for Appellant

Kay A. Beehler

Terre Haute, Indiana

Attorneys for Appellee

Theodore E. Rokita

Attorney General of Indiana

Steven J. Hosler

Deputy Attorney General

Indianapolis, Indiana

MEMORANDUM DECISION

Riley, Judge.

STATEMENT OF THE CASE

[¶1] Appellant-Defendant, Evan Jones (Jones), appeals the trial court's Order, revoking his probation and imposing the balance of his previously-suspended sentence.

[¶2] We affirm.

ISSUE

[¶3] Jones presents this court with one issue on appeal, which we restate as: Whether the trial court abused its discretion by revoking the balance of his previously-suspended sentence.

FACTS AND PROCEDURAL HISTORY

[¶4] On November 29, 2018, Jones pleaded guilty to possession of methamphetamine, and driving while suspended in Cause Number 83C01-1803-F6-000031 (F6-31). Following the terms of the plea agreement, the trial court sentenced Jones to consecutive terms of one and one-half years for the possession offense and one year for driving while suspended. All of Jones' sentence was suspended to probation.

[¶5] On December 28, 2018, the State filed a petition to revoke Jones' probation, alleging that he had committed the new offenses of intimidation and conversion in Cause Number 83C01-1812-F5-30 (F5-30). While the petition for revocation of probation was pending, Jones was additionally charged with failure to return to lawful detention in Cause Number 83C01-l905-F6-83 (F6-83).

[¶6] On June 14, 2019, Jones entered into a plea agreement in which he admitted to the intimidation offense, and the State agreed to dismiss the conversion offense in F5-30. Jones additionally admitted to failing to return to lawful detention in F6-83 and to violating the terms of his probation in F6-31. The trial court later accepted Jones' plea. Notwithstanding the fact that Jones had admitted to violating the terms of his probation in F6-31, the trial court ordered Jones to return to probation. Then, pursuant to the plea agreement, the trial court ordered Jones to serve a suspended sentence of one year in F5-30 and a suspended sentence of two and one-half years in F6-83, for an aggregate sentence of two and one-half years of probation.

[¶7] On January 27, 2021, the State filed a second petition to revoke Jones' probation in F6-31, alleging that Jones had committed a new offense, Class B misdemeanor battery in Cause Number 61C01-2101-CM-24 (CM-24). On March 24, 2021, the trial court conducted another revocation hearing. Following that hearing, on April 30, 2021, the trial court ordered Jones to serve the balance of his probation in F6-31, 852 days, in the Department of Correction.

[¶8] Jones now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

[¶9] Jones appeals the trial court's...