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Withers v. State

Court of Appeals of Indiana

August 26, 2014

ANN WITHERS, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 661

APPEAL FROM THE MADISON CIRCUIT COURT. The Honorable David A. Happe, Judge. Cause Nos. 48C04-1207-FB-1287 and 48C04-1208-FD-1440.

ATTORNEY FOR APPELLANT: DOUGLAS R. LONG, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

CRONE, Judge. RILEY, J., and MATHIAS, J., concur.

OPINION

Page 662

CRONE, Judge

Case Summary

Ann Withers appeals the termination of her placement in the Madison County Drug Court program and reinstatement of her sentences in causes 48C04-1207-FB-1287 (" Cause 1287" ) and 48C04-1208-FD-1440 (" Cause 1440" ). She argues that the trial court committed fundamental error in taking judicial notice of attendance reports in her Drug Court file and abused its discretion in terminating her placement and reinstating her sentences. We conclude that the trial court was authorized to take judicial notice of the attendance reports pursuant to Indiana Evidence Rule 201(b)(5) and did not abuse its discretion in terminating her placement and reinstating her sentences. Therefore, we affirm.

Facts and Procedural History

In Cause 1287, the State charged Withers with Count I, class B felony dealing in methamphetamines; Count II, class D felony possession of methamphetamine: Count III, class D felony possession of two or more chemical reagents/precursors with intent to manufacture controlled substance; and Count IV, class D felony maintaining a common nuisance. In Cause 1440, the State charged Withers with Count I, class D felony neglect of a dependent; Count II, class A misdemeanor battery; and Count III, class B misdemeanor false informing. Withers and the State entered a plea agreement in which Withers pled guilty in Cause 1287 to Counts I and III and in Cause 1440 to Count I. The State dismissed the remaining counts. The trial court sentenced Withers to an aggregate term of eight years in Cause 1287, with four years executed and four suspended, and to eighteen months executed in Cause 1440 to be served consecutive to the sentence in Cause 1287.

Pursuant to the plea agreement, the trial court stayed execution of Withers's sentences on the condition that she participate in and successfully complete the Madison County Problem Solving Courts program.[1] The sentencing order further provided that upon Withers's completion of the program, her judgment would be vacated and the causes dismissed and that her failure to complete the program would result in the stay being lifted and the sentences executed.

In April 2013, Withers entered the Drug Court program,[2] one of Madison County's Problem Solving Courts. Melissa Reyes served as Withers's case manager. Among other things, Withers was required to attend drug counseling and mental health therapy and undergo regular drug screens. In February 2014, Reyes filed a notice requesting Withers's termination from the Drug Court program, to which she attached several reports. One was a " Problem Solving Courts Violation/Infraction Sheet" for Withers, indicating that she failed to attend mental health therapy on December 10, 2013, December 12, 2013, and January 9, 2014. Appellant's App. at 149. Reyes also attached individual reports (" the Attendance Reports" ) from three different licensed clinical social workers reporting Withers's ...


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