Perry v. State, 031419 INCA, 18A-CR-2484

Docket Nº:18A-CR-2484
Opinion Judge:Bailey, Judge.
Party Name:Tracy Allen Perry, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:Attorney for Appellant Megan E. Shipley Marion County Public Defender Agency Indianapolis, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Samantha M. Sumcad Deputy Attorney General Indianapolis, Indiana
Judge Panel:Bradford, J., and Brown, J., concur.
Case Date:March 14, 2019
Court:Court of Appeals of Indiana
 
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Tracy Allen Perry, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-2484

Court of Appeals of Indiana

March 14, 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 Marion Superior Court Trial Court Cause No. 49G05-1512-F5-45370 The Honorable Grant W. Hawkins, Judge, The Honorable Peggy R. Hart, Magistrate Judge

Attorney for Appellant Megan E. Shipley Marion County Public Defender Agency Indianapolis, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Samantha M. Sumcad Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Bailey, Judge.

Case Summary

[¶1] Tracy Perry ("Perry") admitted that he violated the terms of his home detention placement by committing a new criminal offense. The trial court revoked Perry's home detention and ordered that he serve the balance of his four-year sentence in the Indiana Department of Correction ("the DOC"). Perry presents a single issue on appeal: whether the trial court abused its discretion in imposing the sanction. We affirm.

Facts and Procedural History

[¶2] On December 22, 2015, the State charged Perry with Battery by Means of a Deadly Weapon, a Level 5 felony. The State alleged that Perry had intentionally burned Latrice Warren by using a propane torch. On May 19, 2016, Perry pled guilty to the charge against him. He was sentenced to four years, to be executed on home detention.

[¶3] On June 2, 2016, Marion County Community Corrections ("Community Corrections") filed a Notice of Violation alleging that Perry had failed to charge the battery on his GPS monitoring device on three separate occasions. Perry admitted to committing the violations and he was continued on home detention.

[¶4] On August 24, 2016, Community Corrections filed a Notice of Violation alleging that Perry had been charged with a new criminal offense, had failed to comply with monetary obligations...

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