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Jackson v. State

Court of Appeals of Indiana

April 15, 2014

LUCAS H. JACKSON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE PERRY CIRCUIT COURT. The Honorable Mary Lucille " Lucy" Goffinet, Judge. Cause No. 62C01-1109-FD-623.

ATTORNEY FOR APPELLANT: PATRICIA CARESS MCMATH, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. FRIEDLANDER, J., and MATHIAS, J., concur.

OPINION

Page 1041

PYLE, Judge.

STATEMENT OF THE CASE

Lucas H. Jackson (" Jackson" ) appeals the trial court's revocation of his probation.

We reverse.

ISSUE

Whether the trial court abused its discretion by revoking Jackson's probation based upon Jackson being charged with an additional offense.

FACTS

In September 2011, the State charged Jackson with Class D felony possession of a controlled substance, Class B misdemeanor public intoxication, and Class C misdemeanor illegal consumption of an alcoholic beverage. In February 2012, Jackson entered into a written plea agreement in which he pled guilty to the Class D felony charge in exchange for the State's dismissal of the two misdemeanor charges. Thereafter, the trial court accepted Jackson's plea and imposed a 730 day sentence with 124 days executed and 606 days suspended to probation. As a condition of Jackson's probation, the trial court ordered that Jackson " shall not commit any act(s) which would be a crime during the period of probation." (App. 39).

At some point, Jackson moved to Kentucky and had his probation transferred there. On November 7, 2012, the State filed a notice of probation violation, alleging that Jackson had " violated one or more of the terms and conditions of probation to-wit: On October 27, 2012, [the] State of Kentucky, County of Hancock, file[d] charges of Sexual ...


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