Beeler v. State
2011 Ind. App. LEXIS 719
| Ind. Ct. App. | 2011Background
- Beeler pled guilty on Nov 17, 2009 to Class B felony Robbery and Class D felony Criminal Confinement in Cause 240; sentenced to 10 years (7 suspended), 1 year on probation, with 545 days executed, to be served concurrently in Marion County Community Corrections Home Detention followed by probation.
- State filed a notice of violation in Cause 240 on Feb 26, 2010 for alleged juvenile delinquency in Cause 376 and noncompliance with home detention rules and whereabouts verification.
- A separate notice of probation violation was filed in Cause 240 on Apr 7, 2010 alleging terms violations and noting Cause 376 charges later transferred to adult court.
- Consolidated probation revocation hearing for Cause 240 and sentencing in Cause 376 occurred on Jun 29, 2010 after Beeler allegedly admitted to violations in the CCS entry; the court revoked six years of the previously suspended sentence.
- The record relies on a CCS entry to establish Beeler’s admission; the dissent argues the transcript does not reflect an admission and questions reliance on CCS without an on-record admission.
- The court affirmed the revocation, relying on the CCS admission and holding that an evidentiary hearing was unnecessary when the probationer admits the violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation proceeded with sufficient evidence of a violation. | Beeler admitted violations per CCS; no evidentiary hearing required. | Admission may be recorded off-record; transcript contradicts CCS; due process requires an on-record admission. | Admission established via CCS; no evidentiary hearing required. |
| Whether the lack of an evidentiary hearing constitutes fundamental error. | Admission suffices; no fundamental error. | Transcript omission creates fundamental error; due process violated. | No fundamental error given admitted violations and open record sufficiency. |
| Whether the CCS admission can be relied upon over the transcript to prove admission. | CCS entries are presumptively true and binding for admissions. | Transcript should reflect admissions; relying on CCS alone is improper. | CCS admission controlling absent contrary showing; transcript need not confirm. |
Key Cases Cited
- City of Indianapolis v. Hicks, 932 N.E.2d 227 (Ind.Ct.App.2010) (notation/notice issues; verity of CCS entries)
- Parker v. State, 676 N.E.2d 1083 (Ind.Ct.App.1997) (admission of violations may forego evidentiary hearing)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (due process framework for probation revocation)
- Eckes v. State, 562 N.E.2d 443 (Ind.Ct.App.1990) (probation revocation procedures and hearings)
- Trojnar v. Trojnar, 698 N.E.2d 301 (Ind.1998) (trial court speaks through CCS; admissibility of docket entries)
- Minnick v. Minnick, 663 N.E.2d 1226 (Ind.Ct.App.1996) (docket entries import verity; notice and record considerations)
- Wilson v. State, 931 N.E.2d 914 (Ind.Ct.App.2010) (fundamental error standard in probation context)
- Young v. State, 765 N.E.2d 673 (Ind.Ct.App.2002) (CCS as evidentiary record in notices)
- Epps v. State, 244 Ind. 515, 192 N.E.2d 459 (1963) (trial speaks through the CCS; notice of admissibility)