Marilyn K. Viers v. State of Indiana (mem. dec.)
20A03-1609-CR-2106
| Ind. Ct. App. | Apr 12, 2017Background
- Marilyn K. Viers was convicted (Oct 2014) of Class D felony OWI with a prior and sentenced to 18 months: 6 months community corrections, 12 months suspended.
- While on probation, Viers committed new offenses (Dec 2015 cause) including a Level 6 felony OWI with a prior; she later pled guilty to that Level 6 felony and admitted violating probation.
- At the revocation/sentencing hearing Viers presented that she has learning/physical disabilities, mental-health consequences of prior trauma, had engaged in alcohol treatment (YMCA program, AA, aftercare), and had a low P.S.I. risk-to-reoffend.
- The State emphasized this was Viers’s fourth OWI conviction, she caused an accident, and she had prior probation/community-corrections violations.
- The trial court revoked probation and ordered Viers to serve the previously suspended 12-month sentence on home detention in community corrections.
- On appeal Viers argued the court abused its discretion by (1) not giving adequate weight to her treatment efforts and (2) ordering community corrections without considering her inability to pay for that placement.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Viers) | Held |
|---|---|---|---|
| Whether revocation of probation was an abuse of discretion | Revocation was proper given new felony conviction, accident, repeated OWI history, and prior violations | Court should have weighed Viers’s treatment progress and compliance and thus should not revoke probation | No abuse: substantial evidence supported revocation given fourth OWI, probationary offense, and safety concerns |
| Whether court erred by ordering community corrections without determining ability to pay | Placement in community corrections is discretionary and was more lenient than DOC; inability-to-pay rule tied to revocations for failure to pay does not apply here | Court should have considered inability to pay home detention fees before imposing placement | No error: inability-to-pay rule for financial conditions inapplicable because revocation was for new felony, not nonpayment; placement in community corrections is discretionary |
Key Cases Cited
- Lampley v. State, 31 N.E.3d 1034 (Ind. Ct. App. 2015) (standards for probation revocation review)
- Ripps v. State, 968 N.E.2d 323 (Ind. Ct. App. 2012) (probation revocation principles)
- Woods v. State, 892 N.E.2d 637 (Ind. 2008) (failure-to-pay and probation revocation principles discussed)
- Brown v. State, 947 N.E.2d 486 (Ind. Ct. App. 2011) (community corrections is discretionary alternative to DOC)