Curtis L. Bass v. State of Indiana
2012 Ind. App. LEXIS 401
| Ind. Ct. App. | 2012Background
- Bass pled guilty to two counts of Burglary, Class B felonies, with two advisory sentences of ten years each run concurrently.
- Four years were suspended to formal probation and six years direct placement to community corrections or in-home detention.
- A petition to revoke direct placement alleged Bass tested positive for methamphetamine on September 8, 2011.
- A hearing on revocation occurred October 18, 2011; probation and placement were revoked, and six years were ordered to be served in the DOC.
- Bass filed an Amended Notice of Appeal challenging the sentence and the revocation decision.
- The trial court admitted urinalysis evidence; the court’s decision is challenged on due process and sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the advisory sentence is inappropriate. | Bass | Bass | Not inappropriate |
| Whether the urinalysis evidence was admitted in violation of due process. | Bass | Bass | Admissible; substantial trustworthiness satisfied |
| Whether the revocation of placement is supported by sufficient evidence. | State | Bass | Sufficient evidence to revoke placement |
Key Cases Cited
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (inappropriateness standard for sentence review)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standard for reviewing trial court sentencing decisions)
- Cox v. State, 706 N.E.2d 547 (Ind. 1999) (probation revocation due process flexibility; hearsay allowed with reliability)
- Reyes v. State, 868 N.E.2d 438 (Ind. 2007) (substantial trustworthiness test for hearsay in probation revocation)
- Williams v. State, 937 N.E.2d 930 (Ind. Ct. App. 2010) (urinalysis report can be substantial trustworthiness without lab affidavit)
- Holmes v. State, 923 N.E.2d 479 (Ind. Ct. App. 2010) (trustworthiness of urinalysis when laboratory procedures explained)