Bobby Collier v. State of Indiana (mem. dec.)
15A04-1703-CR-560
| Ind. Ct. App. | Aug 10, 2017Background
- Collier pled guilty to operating while intoxicated (level 6 felony) and theft (Class A misdemeanor) and received concurrent sentences with portions suspended to probation and placement in a Veterans Court program.
- Probation conditions included no alcohol/illegal substances, submit to testing, and comply with Veterans Court requirements.
- Between April 2016 and January 2017 Collier accrued multiple violations: missed/late drug screens, curfew violations, positive tests for opiates and alcohol (with delayed prescription production), missed court, and admissions of abusing prescribed hydrocodone and having flushed tablets.
- Collier admitted the violations at a revocation hearing and testified about PTSD, traumatic brain injuries, substance-use history, prior improvement in Veterans Court, and recent personal losses contributing to relapse.
- The trial court found the violations and, citing community safety concerns and Collier’s inability to comply with treatment, revoked his suspended sentence and ordered execution of the previously-suspended term.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Collier) | Held |
|---|---|---|---|
| Whether the court abused discretion by ordering execution of suspended sentence after probation violations | Collier repeatedly failed the program; violations escalated despite sanctions; he risks community safety, so incarceration is appropriate | Violations were minor or explained by medical/trauma issues; he had a prescription for opiates and showed improvement in Veterans Court — court should remand for resentencing | Court affirmed: no abuse of discretion; revocation and execution of suspended sentence was permissible given violations and public-safety concerns |
Key Cases Cited
- Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation-revocation sentencing reviewed for abuse of discretion; trial courts get considerable leeway)
- Goonen v. State, 705 N.E.2d 209 (Ind. Ct. App. 1999) (court may execute suspended sentence after finding probation violation by preponderance of the evidence)