Darnell Loven Johnson v. State of Indiana (mem. dec.)
48A05-1703-CR-592
Ind. Ct. App.Aug 16, 2017Background
- Darnell L. Johnson pled guilty to multiple drug- and weapon-related offenses and received concurrent sentences totaling 30 months, with 18 months to be served in community corrections (COS Program) and 12 months suspended to probation.
- After intake, Johnson began the COS Program on December 15, 2016; he was given a two-hour pass to retrieve belongings and failed to return as required.
- The COS Program filed a termination petition and the trial court issued a warrant; Johnson also failed to appear for a pretrial conference in another Madison County case while evading custody.
- Johnson was arrested on January 27, 2017, returned to custody, and the State filed a notice alleging (1) a new offense (failure to return to lawful detention) and (2) violation of the COS Program/probation.
- At the revocation hearing Johnson admitted leaving the facility but claimed a misunderstanding and that staff told him to leave; the trial court rejected his explanation as not credible.
- The trial court revoked his COS placement and probation and ordered execution of the full 30-month sentence in the Department of Correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by ordering execution of the full sentence after revoking community corrections and probation | State: sanction appropriate given violations and discretionary revocation authority | Johnson: violation was not egregious; he had employment prospects and commitment to sobriety; explanation warranted leniency | No abuse of discretion; court affirmed revocation and execution of full sentence |
Key Cases Cited
- Cox v. State, 706 N.E.2d 547 (Ind. 1999) (placement in community corrections or probation is a matter of grace, not a right)
- Christie v. State, 939 N.E.2d 691 (Ind. Ct. App. 2011) (trial court may revoke community corrections placement and commit defendant to DOC after violation)
- Puckett v. State, 956 N.E.2d 1182 (Ind. Ct. App. 2011) (review of revocation sanction is for abuse of discretion)