John Alden v. State of Indiana, 2013 Ind. App. LEXIS 35

Alden appeals the trial court’s denial of a petition to reduce a Class D felony OWI to a Class A misdemeanor.
Alden was convicted in 1993 for operating while intoxicated and completed sentence by 1995, with in-home detention and probation.
Three probation violations occurred during supervision, including an arrest warrant.
Alden later admitted a 1998 Illinois DUI conviction; he testified about it at a 2012 petition hearing.
Effective July 1, 2012, § 35-50-2-7(c) gave courts discretion to grant reductions if several conditions are met.
The trial court denied the petition in August 2012, prompting this appeal.
The court ultimately held the statute grants discretion and affirmed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in denying the petition to reduce the conviction.	Alden argues statutory requirements were met and reduction should be granted.	State contends discretion lies with the court and prior violations justify denial.	Affirmed; court did not abuse its discretion.

Garcia v. State, 979 N.E.2d 156 (Ind. Ct. App. 2012) (statutory interpretation governs outcome in this context)
Romine v. Gagle, 782 N.E.2d 369 (Ind. Ct. App. 2003) (‘shall’ vs. ‘may’ in statutes controls discretion)
An-Hung Yao v. State, 975 N.E.2d 1273 (Ind. 2012) (abuse of discretion standard for statutory petitions)
State v. Brunner, 947 N.E.2d 411 (Ind. 2011) (policy of rewarding good behavior tempered by legislative authority)