Leach v. State, 031519 INCA, 18A-CR-2190

Docket Nº:18A-CR-2190
Opinion Judge:Tavitas, Judge.
Party Name:James D. Leach, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:Attorney for Appellant Leanna Weissman Lawrenceburg, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Taylor C. Byrley Deputy Attorney General Indianapolis, Indiana
Judge Panel:Baker, J., and May, J., concur.
Case Date:March 15, 2019
Court:Court of Appeals of Indiana
 
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James D. Leach, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-2190

Court of Appeals of Indiana

March 15, 2019

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 Jefferson Superior Court The Honorable Michael Hensley, Judge Trial Court Cause No. 39D01-1506-F5-515 39D01-1609-F6-826 39D01-1612-CM-1163

Attorney for Appellant Leanna Weissman Lawrenceburg, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Taylor C. Byrley Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Tavitas, Judge.

Case Summary

[¶1] James Leach appeals the sentence imposed after the trial court revoked his probation. We affirm.

Issue

[¶2] Leach raises one issue, which we restate as whether the trial court properly ordered Leach to serve the balance of his sentence at the Department of Correction ("DOC").

Facts

[¶3] On January 24, 2017, Leach pleaded guilty to several offenses and was sentenced pursuant to a plea agreement. First, Leach pleaded guilty to criminal confinement, a Level 6 felony, and domestic battery, a Class A misdemeanor.[1]Leach was sentenced to two years at the DOC, which was suspended to supervised probation.2 Second, Leach pleaded guilty to failure to return to lawful detention, a Level 6 felony.[3] Leach was sentenced to one year and six months at the DOC with six months executed and the balance suspended to supervised probation. Finally, Leach pleaded guilty to criminal mischief, a

Class A misdemeanor.4 Leach was sentenced to 180 days in the Jefferson County Jail, which was suspended to supervised probation. The sentences were to run consecutively.

[¶4] On February 8, 2017, and February 14, 2017, Leach admitted to using methamphetamine after testing positive for methamphetamine during a urinalysis drug screen in violation of the terms of his probation. As a result, on March 13, 2017, Leach entered an administrative agreement whereby Leach agreed to be "placed on a lockdown schedule for [two] weeks; [o]btain a substance abuse evaluation within [two] weeks and follow treatment recommendations; and be placed on the drug screen call line for a minimum of [sixty] days." Appellant's App. Vol. II p. 38. One day after the administrative agreement was signed, Leach again tested positive for methamphetamine.

[¶5] On April 12, 2017, the State filed a petition to revoke Leach's probation. In Paragraph 8 of its petition, the State alleged: The defendant violated this condition of probation on or about the following dates:

a. February 8, 2017[, ] and February 14, 2017[, ] by using methamphetamine.

i. Please note: On March 13, 2017, the defendant was given an administrative agreement wherein the defendant agreed he violated the conditions of community corrections by using methamphetamine on or about 2/8/17 and 2/14/17. As a result, the defendant agreed to be placed on a...

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