Kraig Von Reese Brown v. State of Indiana (mem. dec.)
48A02-1604-CR-751
| Ind. Ct. App. | Nov 14, 2016Background
- Brown was sentenced in 2011 to six years (2 executed, 4 suspended) after convictions including felony meth possession; released to probation in October 2014.
- Probation conditions included reporting to the probation department and no new crimes; Brown reported only once and failed to appear at an initial violation hearing, prompting a warrant.
- In September 2015 Brown shot his pregnant girlfriend (surveillance video evidence); charges from that incident were later filed.
- In January 2016 plainclothes Anderson detectives located Brown, who fled twice when officers identified themselves; during the pursuit Brown discarded a handgun later traced to a burglary.
- The State filed an amended probation-violation notice alleging failure to report and multiple new offenses (aggravated battery and related battery charges from the shooting, unlawful possession of a firearm by a serious violent felon, and resisting law enforcement); the trial court found violations by a preponderance of the evidence and ordered Brown to serve the suspended four-year term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to revoke probation | State: testimony and video show Brown committed new crimes while on probation (shooting, possession of handgun, resisting) | Brown: evidence insufficient to prove he committed the new crimes; asks court not to reweigh evidence | Court: Evidence by a preponderance supports findings of resisting, unlawful firearm possession, and battery-related offenses; revocation affirmed |
| Appropriateness of sanction (execution of suspended sentence) | State: court may execute suspended sentence when probation violated and probation is discretionary | Brown: full execution (one-strike) is overly punitive and undermines rehabilitation | Court: No abuse of discretion; multiple, serious violations (violent offense) justify ordering full suspended term |
Key Cases Cited
- Gosha v. State, 873 N.E.2d 660 (Ind. Ct. App. 2007) (single probation-condition violation can support revocation)
- Mateyko v. State, 901 N.E.2d 554 (Ind. Ct. App. 2009) (probation revocation standard: preponderance of the evidence)
- Lightcap v. State, 863 N.E.2d 907 (Ind. Ct. App. 2007) (revocation proper if substantial probative evidence supports violation)
- Jones v. State, 838 N.E.2d 1146 (Ind. Ct. App. 2005) (standard of review for sentencing in probation revocation: abuse of discretion)
- Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (trial court has considerable leeway after granting probation)
- Heaton v. State, 984 N.E.2d 614 (Ind. 2013) (probation is discretionary, not a right)