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Brisker v. State

Court of Appeals of Indiana

February 17, 2014

DOMINIQUE BRISKER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MADISON CIRCUIT COURT. The Honorable Dennis D. Carroll, Judge. Cause No. 48D01-0905-FB-77.

ATTORNEY FOR APPELLANT: JILL M. ACKLIN, Acklin Law Office, LLC, Westfield, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JOSEPH Y. HO, Deputy Attorney General, Indianapolis, Indiana.

BROWN, Judge. ROBB, J., and BARNES, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Dominique Brisker appeals the revocation of his probation. Brisker raises one issue, which we restate as whether the evidence is sufficient to support the revocation of his probation. We affirm.

FACTS AND PROCEDURAL HISTORY

In May 2009, the State charged Brisker with dealing in cocaine as a class B felony and escape as a class C felony. In August 2009, Brisker pled guilty, and, in September 2009, the court sentenced him to concurrent terms of sixteen years for the dealing conviction and four years for the escape conviction. The court ordered that eight years of the aggregate sentence be executed in the Indiana Department of Correction and the balance be suspended to probation. The order of probation was dated and filed on September 21, 2009, and provided among other requirements that Brisker obtain a substance abuse evaluation by a facility approved by the probation department and comply with all recommendations, find and maintain employment of twenty-five hours per week, and provide written verification for all hours worked, or, if unemployed, successfully participate in a job seeking skills program approved by the probation department.

On November 1, 2012, the probation department filed a notice of probation violation which alleged that Brisker failed to obtain a substance abuse evaluation, comply with treatment recommendations, and provide written verification of successful completion of the program; that he failed to maintain and/or verify employment to the probation department; and that he violated his curfew. According to the court's chronological case summary entry on January 29, 2013, the court found that Brisker violated the conditions of his probation as alleged, imposed no sanctions, and returned Brisker to probation with all the original terms to remain in full force and effect.

On February 25, 2013, the probation department filed a second notice of probation violation which alleged, under paragraph 3a, that Brisker violated the laws of Indiana when, on or about February 15, 2013, he committed the criminal offense of unlawful possession of a firearm by a serious violent felon as a class B felony as charged under cause number 48C06-1302-FB-353 (" Cause No. 353" ); under paragraph 3b, that Brisker failed to obtain a substance abuse evaluation, comply with treatment recommendations, and provide written verification of successful completion of the program to the probation department; and, under paragraph 3c, that he failed to maintain and/or verify employment to the probation department.

On April 2, 2013, the court held an evidentiary hearing at which Brisker admitted that he violated the terms of his probation as alleged and the court made findings to ...


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