James A. Pequignot, Jr. v. State of Indiana (mem. dec.), 02A05-1703-CR-531

Pequignot pled guilty to Level 6 felony theft (with a prior theft conviction) and received a two-year sentence suspended to probation beginning February 25, 2016.
While on probation, the State filed a petition to revoke after Pequignot failed to complete community control and home detention intake.
Pequignot committed new offenses in May 2016 (including resisting law enforcement and DUI); he pled guilty to those charges and was placed into a drug court program.
During the drug court program Pequignot missed/ diluted multiple drug screens, tested positive for alcohol and cocaine, failed transitional living, failed to appear, and absconded from the program and jurisdiction for four months.
The trial court revoked his participation in drug court, found he violated probation, and ordered him to serve the remainder of his previously-suspended two-year sentence in the Department of Correction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by ordering DOC rather than alternative placement after probation revocation	State: court may revoke probation and order executed sentence given violations and new offenses	Pequignot: he was eligible for halfway-house placement and requested alternative placement; DOC was unreasonable	Court affirmed: no abuse of discretion given repeated violations, new crimes, treatment failures, and prior revocations

Adams v. State, 960 N.E.2d 793 (Ind. 2012) (abuse-of-discretion standard for sentencing review)
Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (sentencing-review principles), clarified on reh'g, 875 N.E.2d 218 (Ind. 2007) (clarification of sentencing review)
Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation-revocation sentencing reviewed for abuse of discretion)
Cox v. State, 706 N.E.2d 547 (Ind. 1999) (placement in probation or community corrections is a privilege, not a right)