Paul Hardy v. State of Indiana
2012 Ind. App. LEXIS 490
Ind. Ct. App.2012Background
- Hardy appeals the trial court's revocation of probation in five interrelated cases and the order to serve all suspended sentences.
- Causes involved: 350 (three burglary counts; 10-year DOC term with four suspended), 238 (misdemeanor; 60 days with probation), 15 (misdemeanor; 60 days with 1-year probation), 46 (residential entry; 3 years), and 128 (theft; 3 years) and 228 (dealing in a controlled substance) as part of a later plea, with probation terms running consecutively.
- An extension agreement signed by Hardy extended the probation in Causes 350, 238, and 15 to January 8, 2014 to allow more time to comply with terms.
- The extension was approved by the trial court and Hardy did not challenge it at trial; petitions to revoke were filed May–June 2011 and a February 2, 2012 order revoked probation in all five causes.
- The court ordered that remaining suspended sentences be served in DOC and at Washington County Jail, with all sentences to run consecutively and with specified days and good-time credit.
- Hardy contends the court abused its discretion by revoking and ordering all suspended time, particularly in Causes 46 and 128 which allegedly had not begun when petitions were filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in revoking probation and ordering service of all suspended time. | Hardy argues the revocation was improper due to extensions beyond one year after termination and because some probations had not begun. | The State argues extensions and agreements valid; revocations filed within extended periods; court did not abuse discretion. | No abuse; probation revocation and full suspension-time enforcement affirmed. |
Key Cases Cited
- Alford v. State, 965 N.E.2d 133 (Ind. Ct. App. 2012) (probation revocation standard; abuse of discretion review)
- Ripps v. State, 968 N.E.2d 323 (Ind. Ct. App. 2012) (two-step probation revocation analysis)
- Bumbalough v. State, 873 N.E.2d 1099 (Ind. Ct. App. 2007) (right to counsel before revocation; waiver concepts)
- Watson v. State, 833 N.E.2d 497 (Ind. Ct. App. 2005) (probation modification/plea-equivalent considerations)
- Collins v. State, 509 N.E.2d 827 (Ind. 1987) (illegal sentence argument; contract-like plea agreements)
- Ashley v. State, 717 N.E.2d 927 (Ind. Ct. App. 1999) (probation may be revoked before it begins)
- Rosa v. State, 832 N.E.2d 1119 (Ind. Ct. App. 2005) (authority to revoke probation prospectively when still serving another sentence)