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Woolum v. State

Court of Appeals of Indiana

February 21, 2014

TIMOTHY W. WOOLUM, SR., 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. 48D01-0504-FA-115.

ATTORNEY FOR APPELLANT: RICHARD WALKER, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, KARL M. SCHARNBERG, Deputy Attorney General, Indianapolis, Indiana.

BAKER, Judge. NAJAM, J., concurs, and CRONE, J., concurs in result.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Judge

On occasion, the evidence will convince the trial court that the least restrictive placement for one who violates probation is not the most appropriate sanction. Appellant-defendant Timothy Woolum Sr. appeals the revocation of his probation. More particularly, he argues that the trial court should have considered placement in community corrections rather than executing the remainder of his suspended sentence in the Indiana Department of Corrections (DOC). Finding that the trial court properly revoked Woolum's probation and ordered him to serve the remainder of his suspended sentence in the DOC, we affirm.

FACTS

On December 27, 2005, Woolum, pursuant to a plea agreement, pleaded guilty to class B felony dealing in cocaine. The trial court sentenced Woolum to sixteen years in the DOC, with thirteen years executed and three years suspended. The trial court ordered that, upon release from the executed portion of the sentence, Woolum be placed on probation for three years. Woolum was released from the DOC on August 31, 2010 and began serving his probation.

On March 10, 2013, Trooper Nathan Rainey of the Indiana State Police was contacted by the Department of Child Services (DCS); the DCS told Trooper Rainey that it had received a report that methamphetamine was being manufactured in a house in Anderson, a home where children were present. Trooper Rainey went to investigate and detected the odor of an organic solvent emanating from the house. He spoke to Michael Sheets, who was living in the home, and ordered all of the individuals inside the home to come outside. Trooper Rainey conducted a protective sweep of the home and saw methamphetamine in plain view on a coffee table. He then obtained a search warrant for the residence, which produced lithium batteries, soiled coffee filters, pseudoephedrine blister packs, burnt foils, drain cleaner, and rye. Trooper Rainey arrested everyone inside the home.

About a week later, Trooper Rainey saw Woolum on the front porch of the house as he drove by. He stopped and spoke to Woolum, who told him that he was living in the house and that he had not known what Sheets was doing in the home.

On April 17, 2013, Trooper Rainey went to a Payless store in Anderson to check on some receipts for lithium batteries he had found in the house. The Payless surveillance camera showed that Woolum had purchased the lithium batteries. Upon discovering that Woolum had made this purchase, Trooper Rainey contacted Woolum's probation officer, Tony New, and informed him that he intended to interview Woolum in connection with the case against Sheets. New asked Trooper Rainey to allow him to conduct a home visit ...


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