James M. Tabor v. State of Indiana (mem. dec.), 84A01-1703-CR-525

James M. Tabor pled guilty to Operating a Vehicle After a Lifetime Forfeiture (Class C felony) and Possession of Marijuana (Class A misdemeanor) in July 2014.
The trial court imposed an aggregate six-year sentence: two years executed in-home with community corrections and the remainder suspended to probation.
In January 2017 the State petitioned to revoke Tabor’s in-home placement and/or probation.
At the February 2017 revocation hearing Tabor admitted multiple probation violations (missed drug screens, failure to call in, possession of an adulteration device).
The trial court revoked the suspended portion of his sentence and ordered Tabor to serve the remainder of the six-year term in the Department of Correction, recommending placement in a therapeutic program.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by ordering the remainder of Tabor’s sentence executed after probation violations	State: court may revoke probation and execute the suspended sentence given admitted violations	Tabor: execution was an abuse of discretion because he needs intensive substance-abuse treatment and had a history of addiction	Court affirmed: no abuse of discretion; remand to DOC with recommendation for therapeutic program justified given repeated violations and failure to complete prior treatment

Heaton v. State, 984 N.E.2d 614 (Ind. 2013) (sets two-step probation revocation framework and standard of review)
Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation is discretionary and revocation reviewed for abuse of discretion)
State v. Cozart, 897 N.E.2d 478 (Ind. 2008) (abuse of discretion may include legal error or disregard of statutory factors)
Axsom v. Axsom, 565 N.E.2d 1097 (Ind. Ct. App. 1991) (abuse of discretion arises when court misinterprets law or disregards controlling factors)