Anthony H. Taylor v. State of Indiana (mem. dec.)
20A04-1703-CR-540
| Ind. Ct. App. | Jul 31, 2017Background
- Anthony H. Taylor pled guilty in Cause 486 (class D theft, habitual offender); received a suspended two-year sentence to be served in community corrections, then two years probation.
- In Cause 200 (class D failure to return), Taylor was sentenced Aug 13, 2015 to 1095 days with 365 days suspended to probation; he was to serve 730 days in community corrections before the suspended/probationary portion.
- While serving the executed portion in community corrections, Taylor absconded from electronic monitoring (Dec 2015) and later committed new theft (May 4, 2016), resulting in Cause 519 (level 6 theft, habitual offender).
- Notices of community corrections violation and probation violation were filed in Causes 486 and 200; Taylor admitted violating community corrections but disputed that the May 2016 theft violated probation in Cause 200 because he had not yet begun the probationary phase.
- At a consolidated sentencing hearing, the trial court revoked Taylor’s community corrections placements and revoked probation in Cause 200; imposed consecutive executed sentences. Taylor appealed only the revocation of probation in Cause 200.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by revoking probation in Cause 200 | State: probation may be revoked for violating its conditions during the probationary period | Taylor: he had not yet begun the probationary phase (still serving executed portion), so the May 2016 theft could not violate probation | Court: No abuse of discretion; probationary period begins upon sentencing, so the theft violated the condition against committing crimes and revocation was proper |
Key Cases Cited
- Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation is discretionary, not a right)
- Heaton v. State, 984 N.E.2d 614 (Ind. 2013) (trial court sets probation conditions and may revoke for violations)
- Ripps v. State, 968 N.E.2d 323 (Ind. Ct. App. 2012) (standard of review for probation revocation: abuse of discretion)
- Baker v. State, 894 N.E.2d 594 (Ind. Ct. App. 2008) (probationary period begins immediately after sentencing)