Pierre Burdette v. State of Indiana (mem. dec.), 02A03-1702-CR-409

In Oct 2014 Burdette pled guilty to resisting law enforcement (Level 6 felony) and received a 2-year sentence fully suspended to probation (Cause F6-042).
Within a month he was charged with new offenses and absconded; he admitted probation violation in April 2015 and was placed on one year home detention followed by one year probation.
While on probation he committed new offenses in Sept 2016 (violated a protective order, grabbed and broke a phone, scratched and pushed his ex-girlfriend in front of their young children) and fled; charged under Cause F6-1218.
In Jan 2017 Burdette pled guilty to three misdemeanors (interference with reporting, invasion of privacy, criminal mischief), the felony domestic battery charge was dismissed, and he admitted violating probation in Cause F6-042.
At a combined February 2017 sentencing, the court imposed an aggregate one-year sentence for Cause F6-1218 and revoked probation on Cause F6-042, executing a one-year DOC term; the sentences were ordered consecutively.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by ordering execution of the suspended sentence after Burdette admitted a probation violation	State: court may revoke probation and impose execution given repeated violations and lack of cooperation	Burdette: court should have returned him to home detention given prior successful completion and that offenses were an isolated emotional outburst	Court affirmed: no abuse of discretion; execution was within statutory authority and appropriate given repeated violations, absconding, and refusal to cooperate

Prewitt v. State, 878 N.E.2d 184 (Ind. 2007) (probation is a discretionary act of grace; sentencing after violation reviewed for abuse of discretion)
Cox v. State, 850 N.E.2d 485 (Ind. Ct. App. 2006) (review of probation revocation considers only evidence favorable to the court and does not reweigh credibility)