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Watters v. State

Court of Appeals of Indiana

November 21, 2014

DERIQ WATTERS, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE HOWARD SUPERIOR COURT. The Honorable William C. Menges, Jr., Judge. Cause No. 34D01-0706-FA-467.

ATTORNEY FOR APPELLANT: DERICK W. STEELE, Deputy Public Defender, Kokomo, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; GEORGE P. SHERMAN, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. VAIDIK, C.J., and FRIEDLANDER, J., concur.

OPINION

Page 618

MAY, Judge

Deriq Watters appeals the revocation of his probation. We reverse.

FACTS AND PROCEDURAL HISTORY

On June 26, 2007, Watters was charged with three counts of Class A felony dealing in cocaine.[1] Following a Recommendation of Plea Agreement, the court entered one conviction of Class B felony dealing in cocaine. The court sentenced Watters to twenty years, with ten years executed and ten years suspended.

After being released to probation, Watters was allegedly arrested in Marion County. When he was contacted by his probation officer, Megan Enright, he " repeatedly said that it was not him and that the case was going to be dismissed." (Tr. at 11.) On June 11, 2014, the State filed a Petition to Revoke Suspended Sentence based on Enright's belief that Watters had committed a new offense.

At the hearing, the State submitted two uncertified documents: an Abstract of Judgment convicting Watters of Class B felony robbery in the Marion Superior Court, and a purported plea agreement resolving that same cause. Watters objected to both arguing they were inadmissible

Page 619

hearsay because they were uncertified. The court overruled Watters' objections and entered the exhibits into evidence. After the hearing, the court ordered Watters to serve the remainder of his ...


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