Carl J. Brandenburg v. State of Indiana
2013 Ind. App. LEXIS 397
| Ind. Ct. App. | 2013Background
- Brandenburg pled guilty to non-support of a dependent child (Class C felony) in August 2011 and was sentenced to five years with credit for time served and 52 months on probation.
- At sentencing, Brandenburg acknowledged an arrearage of at least $10,000 and the court ordered $78 per week in child support.
- On November 4, 2011, the State filed a petition to revoke or modify probation alleging violations of child support and probation fees.
- A hearing was postponed; Brandenburg failed to appear for a July 18, 2012 hearing and was arrested ten days later; the revocation hearing occurred on November 9, 2012, where he admitted to violations.
- The trial court revoked probation and ordered Brandenburg to serve the balance of his 52-month sentence in the Department of Correction, stating an arrearage of $17,795.05.
- Brandenburg appeals, arguing miscalculation of arrearage and arguing the court should have considered placement alternatives; the appellate court affirms the revocation and remands for arrearage recalculation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion ordering full suspended sentence served | Brandenburg | State | No abuse; court has discretion to order all or part of suspended sentence |
| Whether the arrearage amount was correctly calculated | Brandenburg | State | Remanded for recalculation of arrearage |
Key Cases Cited
- Runyon v. State, 939 N.E.2d 613 (Ind. 2010) (proof of violation and state of mind for financial obligations; burden on State to prove both)
- Smith v. State, 963 N.E.2d 1110 (Ind. 2012) (clarifies burden for ability to pay after Runyon)
- Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (discretion in probation violation sentencing)
- Woods v. State, 892 N.E.2d 637 (Ind. 2008) (burden on defendant to show inability to pay and bona fide efforts)