Merisha A. Bradtmueller v. State of Indiana (mem. dec.), 02A03-1609-CR-2234

Merisha A. Bradtmueller pled guilty to Class B felony neglect of a child resulting in serious bodily injury and received a 10-year sentence with all time suspended and four years probation.
She admitted a probation violation in July 2015 for failing to complete Community Control intake; court restored probation with same conditions.
ACCC reported multiple probation violations (failure to attend/complete treatment programs, missed appointments, nonpayment of fees, unemployment, positive drug screen) throughout 2016.
In May 2016 she served 15 days in jail for additional violations; in August 2016 officers found her severely intoxicated after reportedly smoking “Spice.”
The State petitioned to revoke probation; Bradtmueller admitted the August violation. The trial court executed eight years of the previously suspended 10-year sentence, gave credit for time served, and ordered two years to remain on probation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by executing eight years of the suspended sentence after probation revocation	State: revocation supported by admitted violation and multiple probation breaches; execution of suspended time permitted	Bradtmueller: execution was excessive given periods of compliance, employment, and parental responsibilities	Court: No abuse of discretion; single or multiple violations support revocation and execution of suspended time

McHenry v. State, 820 N.E.2d 124 (Ind. 2005) (standard of review for probation revocation appeals)
Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (trial court’s execution of suspended sentence after probation violations reviewed for abuse of discretion)
Bussberg v. State, 827 N.E.2d 37 (Ind. Ct. App. 2005) (proof of a single probation violation is sufficient to revoke probation)